September 2015 hbj by Hawaii Bar Journal

BAR JOURNAL A N O FFICIAL P UBLICATION

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H AWAII S TATE BAR A SSOCIATION S EPTEMBER , 2015 $5.00

TA B L E O F C O N T E N T S VO L U M E 1 8 , N U M B E R 9

EDITOR IN CHIEF Carol K. Muranaka BOARD OF EDITORS Christine Daleiden David Farmer Susan Gochros Ryan Hamaguchi Cynthia Johiro Edward Kemper Laurel Loo Melvin M.M. Masuda Melissa Miyashiro Eaton O'Neill Lennes Omuro Brett Tobin Jodi Kimura Yi

ARTICLES 4 An Update on Condominium Law Since the 2006 Recodification by Gwen Bratton and Arlette Harada

15 Ethics and the Appellate Attorney by Carol K. Muranaka

18 Unlicensed Mainland Attorneysâ&#x20AC;&#x2122; Participation in Local Arbitrations by David C. Farmer

20 Momentum of Volunteerism (Kudos to Central Pacific Bank)

HSBA OFFICERS President Gregory Markham President-Elect Jodi Kimura Yi Vice President Nadine Ando Secretary Russ Awakuni Treasurer Mark M. Murakami

27 HSBA Board 2016 Candidates 34 YLD Board 2016 Candidates

OF NOTE 19 Writing Legal Articles for CLE Credits

YLD OFFICERS President Miriah Holden Vice President/President-Elect Ryan Hew Secretary Alicia Mears Treasurer Ryan Loeffers EXECUTIVE DIRECTOR Patricia Mau-Shimizu

21 Court Briefs 22 HSBA Happenings 24 Case Notes 38 Off the Record 39 Classifieds

GRASS SHACK PRODUCTIONS Publisher Brett Pruitt Art Direction Debra Castro Production Beryl Bloom

Hawaii Bar Journal is published monthly with an additional issue in the second quarter of each year for the Hawaii State Bar Association by Grass Shack Productions, 1111 Nuuanu Ave., Suite 212, Honolulu, Hawaii 96817. Annual subscription rate is $50. Periodical postage paid at Honolulu, Hawaii and additional mailing offices. POSTMASTER: Send address changes to the Hawaii Bar Journal (ISSN 1063-1585), 1100 Alakea St., Ste. 1000, Honolulu, Hawaii 96813.

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On the cover: Droste Tourist By Edd Tokarz Harnas. Harnas is a self-developed artist who enjoys experimenting with technique, media and subject matter. His interpretations vary from the charming aspects of the Hawaii landscape, portraiture and figure studies. Harnas' artwork has been selected by noted art curators, critics and fellow artists, to be included in many exhibitions across the United States. His paintings and drawings continue to find enthusiastic collectors across several continents. To see more of his work please visit www.eddtokarzharnas.com

Notices and articles should be sent to Edward C. Kemper at edracers@aol.com, Cynthia M. Johiro at cynthia.m.johiro@hawaii.gov, or Carol K. Muranaka at carol.k.muranaka@gmail.com. All submitted articles should be of significance to and of interest or concern to members of the Hawaii legal community. The Hawaii Bar Journal reserves the right to edit or not publish submitted material. Statements or expressions of opinion appearing herein are those of the authors and not necessarily the views of the publisher, editorial staff, or officials of the Hawaii State Bar Association. Publication of advertising herein does not imply endorsement of any product, service, or opinion advertised. The HSBA and the publisher disclaim any liability arising from reliance upon information contained herein. This publication is designed to provide general information only, with regard to the subject matter covered. It is not a substitute for legal, accounting, or other professional services or advice. This publication is intended for educational and informational purposes only. Nothing contained in this publication is to be considered as the rendering of legal advice.

by Gwen Bratton and Arlette Harada In 2015, there were 1,733 condominium projects registered with the Hawaii Real Estate Commission, with a total of 161,373 condominium units.1 Approximately 30% of all housing units in Hawaii are within a condominium

What Makes Condominiums Different? Condominium ownership is different from owning a single family home.4 The basic principle is that each condominium owner owns a unit and an undivided portion of the common elements. The condominium association, through its board

tion describes the units and the common elements, the permitted uses of the units, and the percentages of common interest assigned to each unit.8 The bylaws explain how the association operates and they often contain rules regarding the use of the units, such as pet restrictions.9 The condominium map can provide useful

An Update on

Condominium Law Since the 2006 Recodification

association.2 As a result, regardless of the area of law in which Hawaii attorneys may practice, they are likely to run across condominium issues. This article outlines some of the most significant changes since the Condominium Property Act was recodified in 2006, including changes regarding energy use, fair housing, and collections and foreclosures by condominium associations. (For the sake of convenience, this article refers to the current Condominium Property Act as “chapter 514B” of the Hawaii Revised Statutes [“HRS”].)3

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of directors, administers the common elements on behalf of all its owners.5 Among other things, the board adopts rules and collects funds for the operation of the property.6 This is often what gives rise to conflicts between an owner and his or her condominium board. Each condominium has its own set of governing documents: the declaration, the bylaws, and the condominium map. Because the governing documents can prevail over chapter 514B,7 it is often essential to review a condominium’s declaration and bylaws before giving advice on a condominium matter. The declara-

information on the layout of the units and common elements. Amendments to the declaration, bylaws, and condominium map must be approved by the owners10 and recorded in the Office of the Assistant Registrar of the Land Court of the State of Hawaii, the Bureau of Conveyances of the State of Hawaii, or both.11 When chapter 514B was enacted in July 2006, some but not all the provisions of chapter 514B automatically applied to existing condominiums.12 An “opt-in” amendment is necessary to ensure that all the provisions of chapter 514B apply to a condominium that was created before July

2006. It is relatively easy to opt into chapter 514B because the approval of only a majority of the common interest is required.13 Many, but not all condominiums have already opted into chapter 514B. In certain situations, it may be necessary to look for an opt-in amendment to determine if chapter 514A or chapter 514B of the HRS applies.14 While there were many changes since 2006, this article focuses primarily on recent laws regarding energy use, fair housing, and foreclosures by condominium associations. This article closes by addressing two changes regarding process servers and access to association records. How Recent Laws Impact Condominium Operations Normally, a condominium board has the right to adopt rules regarding the use of the common elements, typically by the adoption of house rules.15 The board may adopt rules regarding the use of the units in more limited circumstances, when the declaration or bylaws already prohibit certain conduct, or the rule is intended to protect other residents from an unreasonable interference.16 For example, because pet restrictions affect the use of the units, the house rules can prohibit pets only if the bylaws already prohibit pets, or if they are amended by the owners to prohibit pets.17 Chapter 514B and the governing documents may also restrict the board’s ability to make certain decisions. For example, some bylaws impose a dollar limit on the value of the improvements that the board may make to the property; improvements that exceed this value must be approved by the owners. Typically, the governing documents also require the approval of the owners of 67% to 100% of the common interest for modifications that are considered material.18 In recent years, State law modified certain condominium rules and eliminated the owner approval requirement for modifications that the legislature considered desirable. Some of the new statutes apply only to townhouse condominiums. Chapter 514B defines a “townhouse” as a unit that extends from the ground to the roof.19 It may be necessary to check the

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layout of the condominium project to determine if a certain statute affects the rules for that project. In particular, the rules for the placement of clotheslines or the installation of solar energy devices by owners are affected only if the project is a townhouse condominium.20 Energy Use The Hawaii legislature adopted a number of changes in an effort to promote energy conservation and the development of alternative sources of energy, such as solar power. First, the legislature adopted a statute to promote the use of clotheslines in 2009.21 Section 196-8.5 of the HRS now states that the rules of townhouse condominiums cannot prohibit the placement of clotheslines. Note that the statute applies to townhouses only, and the association is still permitted to adopt rules that “reasonably restrict” the placement and use of clotheslines, as long as clotheslines are not prohibited.22 The statute does not elaborate on the type of restrictions that would be considered reasonable. Many associations with restrictions on

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clotheslines require that they be shielded from view from the streets or other townhouses. Chapter 514B was amended in 2010 to make it easier for a condominium board to install solar and wind energy devices.23 Subsection 514B-140(d)(3) of the HRS, which applies to townhouse and non-townhouse condominiums alike, allows a condominium board to install solar energy devices or wind energy devices or lease the rooftop to a company that will install the devices, regardless of the restrictions contained in the governing documents.24 In other words, solar and wind energy devices are so desirable that the board can now proceed and install them even if the declaration or bylaws normally require the approval of the owners. The installation, however, cannot “directly affect” a nonconsenting owner.25 According to some owners, this language means that the solar panels cannot reflect the sun on their lanai at certain times of the day. The owners of townhouse condominiums are permitted to install solar

energy devices on their townhouse.26 Section 196-7 of the HRS was amended in 2010 to explain that the association may impose reasonable restrictions on such installations, provided that the restrictions neither increase the cost of installation, maintenance, and removal of the device by more than 15%, nor decrease its efficiency by more than 25%.27 Moreover, the association cannot charge a fee for the placement of the solar energy device. Until June 30, 2015, the association could not require an encumbrance on title to give notice to purchasers of the unit of such maintenance and removal requirements.28 For most condominiums, the roof is a common element, which means that an owner must obtain the association’s consent before installing a solar energy device.29 Under section 196-7 of the HRS, the owner may be required (1) to name the association as an additional insured on the owner’s liability policy, (2) to remove the solar energy device if necessary for the maintenance of the roof, and (3) to be responsible (along with all

subsequent owners of the unit) for any loss or damage caused by the device.30 In 2014, section 196-7(e) was amended to provide clarification regarding the roof warranty.31 The contractor that installs a solar energy device must: (1) notify the association that the installation may affect the roofing warranty, and (2) obtain the roofing manufacturer’s written approval and follow its instructions for waterproofing the roof penetrations, unless the association has waived the benefit of the warranty in writing. The existing roofing warranty must be maintained if the penetrations are waterproofed by the same roofing contractor that provided the warranty. If the roof warranty has expired, the contractor that installs the solar energy device must provide its standard warranty, and the owner must provide the association with a copy of the warranty.32 Another measure that is intended to help reduce carbon emissions is section 196-7.5 of the HRS, which promotes the placement of electric vehicle charging systems (“EVCS”) in all condominiums.33 Section 196-7.5 allows an owner to install

an EVCS on or near the owner’s assigned parking stall, provided that the association may require reimbursement for the electricity used by the EVCS. Like the clotheslines statute, section 196-7.5 permits associations to adopt reasonable restrictions that do not prohibit the installation of EVCS. Section 196-7.5 imposes installation requirements that are similar to the solar energy devices statute, including the requirements to name the association as an additional insured and to be responsible for any loss resulting from the installation, maintenance, and removal of the EVCS.34 Unfortunately, while the purpose of section 196-7.5 is certainly worthwhile, it creates a number of practical problems. Among other things, older condominiums may not be able to accommodate the higher voltage required by EVCS; it may be costly or unsightly to extend utilities to an owner’s parking space; and some condominiums reportedly had difficulty installing a meter or other device to measure the consumption of an EVCS. The last measure intended to con-

serve energy is section 514B-42(b) of the HRS, which authorizes condominium associations to install individual electric meters as long as the association bears the cost of installing the meters.35 The board is allowed to proceed despite any spending limits or other approval requirements in the governing documents. A number of condominium declarations require the approval of the owners for additions to the property, and these additions could include the installation of a submetering system. The state legislature agreed to override this owner approval requirement in an effort to conserve utilities. Fair Housing All residential condominiums must comply with the federal Fair Housing Act and chapter 515 of the HRS, its state equivalent (together, the “FHA”), which prohibit discrimination in real estate transactions against persons of a protected class.36 In Hawaii, the protected classes are race, sex (including gender identity or expression), sexual orientation, color, religion, marital status, familial status, ances-

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try, disability, age, or human immunodeficiency virus infection.37 Disability is by far the most common basis for a fair housing complaint.38 Under the FHA, the board of a residential condominium must allow a disabled occupant, at the disabled person’s expense, to make any reasonable alterations or additions which are necessary for the occupant to have full enjoyment of the project.39 An example of a reasonable modification is a ramp to allow a wheelchair-bound resident to enter his or her unit. The board must allow the ramp, even if the governing documents would normally require the approval of the owners, the lessor, or another person or entity. The disabled person is still required to obtain the board’s approval, to pay for the ramp, and to obtain a building permit if necessary. Under the FHA, condominium boards must make reasonable accommodations in the association’s rules when necessary to afford a disabled person an equal opportunity to enjoy the project.40 The “reasonable accommodation” provision of the FHA entitles disabled persons to bring animals to condominiums that prohibit pets, on the basis that the animal is not a pet, but instead is an assistance animal. Assistance animals can help persons with physical disabilities (for example, a seeingeye dog or a signal dog) or persons with mental disabilities, such as depression (these animals are also called “comfort animals” or “emotional support animals”). Unfortunately, there is uncertainty on what animals must be allowed in residential condominiums and under which conditions. Before 2011, section 515-3 of the HRS stated that an assistance animal must be trained to assist persons with disabilities, and also listed a number of restrictions that are considered reasonable (such as using a leash, picking up after the animal, cleaning the unit when vacating it, and assuming responsibility for the animal). Because these provisions were deleted in 2011,41 it is now up to the Hawaii Civil Rights Commission (“HCRC”) to decide what is permitted and what is not. After the training requirement and reasonable restrictions were removed from section 515-3, the United States District

Court for the District of Hawaii decided in 2012 that, depending on the nature of the disability, an assistance animal may not be required to be trained to assist a person with a disability.42 The association’s board is entitled to verification when a person requesting an animal is not obviously disabled or does not have an obvious need for an animal. This verification can be given by physicians, other health care providers, and even social workers.43 In these situations, the HCRC’s rules authorize the board to request verification that the assistance animal is needed to alleviate one or more symptoms of the person’s disability.44 However, the HCRC seems to take the position that associations are not permitted to ask what symptoms of a disability the animal alleviates.45 Moreover, when an assistance animal proves to be dangerous – by attacking someone or an animal, or destroying property – the HCRC’s rules indicate that the animal must be permitted to stay at the project if the animal’s disabled owner takes some action that could reduce or eliminate the threat, “such as obtaining specific training, medication, or equipment for the animal.”46 This rule makes it extremely difficult to remove a dangerous assistance animal. The most recent development in the area of fair housing is the protection of medical marijuana users. In 2014, the residential landlord-tenant code was amended to prohibit landlords from evicting users of medical marijuana.47 At that time, landlords and condominium associations could prohibit the smoking of medical marijuana in the lease or the declaration, bylaws, or house rules of the association. In 2015, Act 242 added a new section to chapter 514B, which apparently increases the protection of users of medical marijuana. The new section explains that a condominium can prohibit the smoking of medical marijuana only if the condominium documents also prohibit tobacco smoking.48 This is the second time that a new statute implies that a condominium can prohibit smoking in its house rules.49 This recent development indicates that condominiums can now adopt house rules to prohibit smoking

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inside the units, even if the normal procedure is to amend the bylaws to adopt rules regarding the use of the units.50 Act 242 also states that condominium associations cannot discriminate against residents who possess a valid certificate for the medical use of marijuana and that, “Nothing herein shall be construed to diminish the obligation of a condominium association to provide reasonable accommodations for persons with disabilities . . . .”51 The exact intent of this language is confusing. It suggests that even though associations can prohibit the smoking of medical marijuana (as long as they also prohibit tobacco), doing so might result in discrimination in some situations. The new section also fails to confirm that associations can control the smoking of medical marijuana if it results in a nuisance for other residents, although there is an argument that the accommodation is not reasonable if it creates a nuisance. Liens and Foreclosures Condominium associations have an automatic lien for unpaid assessments, with priority over all other liens, except (1) liens for real property taxes and other government-imposed assessments, and (2) mortgages that were recorded before the association recorded its lien.52 Condominium associations must record their lien to ensure priority over subsequent mortgages recorded against the unit. In addition, when a unit is purchased at a foreclosure, the condominium association has the right to impose a special assessment of six months of unpaid regular assessments.53 The special assessment is normally paid by the purchaser of the unit at a foreclosure. In 2012, the state legislature eliminated the dollar cap on the 10 September 2015

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amount of the six-month special assessment54 and imposed new restrictions on association liens. Among other things, an association’s recorded lien expires after six years, and a condominium association cannot foreclose its lien by non-judicial foreclosure if the lien arises solely from fines.55 The association may be able to rerecord its lien after the six-year period because the time limit has no impact on the association’s automatic lien for unpaid assessments.56 The most significant changes occurred in the area of foreclosures. Prior

to 2012, condominium associations in Hawaii could conduct both judicial and non-judicial foreclosures. Non-judicial foreclosures could be conducted pursuant to either the very general requirements for foreclosures under part I of chapter 667 of the HRS57 or the more rigid requirements of the alternate power of sale foreclosure process.58 Unfortunately, the alternate process was flawed because at the end of the process, the statute required that the defaulting owner sign the conveyance of the property to the purchaser in foreclosure. Because it was almost impossible to obtain the defaulting owner’s signature, most lenders and associations who conducted non-judicial foreclosures in Hawaii foreclosed pursuant to part I.59 The foreclosure laws in Hawaii underwent major changes in 2011, which focused on changing the way lenders conducted their foreclosures.60 At that time,

condominium associations that had already initiated non-judicial foreclosures under the prior statute were permitted to complete the process under the same statute. On the other hand, all new nonjudicial foreclosures had to be initiated under the new non-judicial foreclosure provisions applicable to lenders.61 In 2012, the state legislature further changed the foreclosure laws and carved out a separate set of non-judicial foreclosure statutes for condominiums.62 Specifically, a condominium association could conduct a non-judicial foreclosure through to conclusion by following strictly the provisions of part VI of chapter 667 of the HRS.63 While part VI incorporated many of the requirements of the revised alternate power of sale foreclosure process applicable to lenders, it also adapted other requirements to apply to the special needs of condominium associations, resulting in significant differences from the lender foreclosure provisions. Associations are required to accept reasonable payment plans if proposed within a 30-day period after service of a notice of default and intention to foreclose upon the owner.64 The statute provides that a reasonable payment plan is one that provides: (1) for timely payment of all assessments that become due after the date that the payment plan is proposed, and (2) for additional monthly payments of an amount sufficient to cure the default, within a reasonable period as determined by the board of directors of the association; provided that a period of up to twelve months shall be deemed reasonable and further provided that the board shall have the discretion to agree to a payment plan in excess of twelve months.65 This obligation to accept a payment plan may be unconstitutional under

either the contracts clause or the takings clause. If an association is unable to serve the notice of default and intention to foreclose on a unit owner or any other party, the association may: (1) file a special proceeding in circuit court for permission to serve the owner by publication and posting only, (2) proceed with the non-judicial foreclosure but if permission of the court is not obtained, the owner shall have one year from the date the association deeds the unit to redeem it by paying the delinquent amounts to the association, or (3) take control of a vacant unit after sending notice to the owner’s last known address, for the sole purpose of renting out the unit to generate rental income to pay the delinquency and costs of the rental. The net rental proceeds are applied to the delinquent account.66 Associations also retained the right to seek a deficiency judgment if the amounts obtained through the foreclosure process were insufficient to fully satisfy all amounts owed to the association by the owner in default, including the legal fees and costs of collection and foreclosure.67 Associations are prohibited from: (1) holding a public sale on a date, at a time, or at a place other than described in the public notice of public sale or a properly noticed postponement, (2) specifying a fictitious place in the public notice of public sale, (3) conducting a postponed public sale on a date other than the date described in the new public notice of public sale, or (4) completing or attempting to complete a non-judicial foreclosure while the owner has submitted a reasonable payment plan within the thirty days after being served with the notice of default and intention to foreclose, when the owner is not in default of the payment plan, or where the owner has given written notice of their intent to pay the amounts owed in full within sixty days of service of the notice of default and intention to foreclose on them.68 Finally, a number of associations are the highest bidder at foreclosure of units within their project and rent them in an effort to minimize the losses of the association while the lender completes the foreclosure. In 2013, chapter 514B was

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amended so that associations are required to pay “excess” rental proceeds to other lienholders where a final judgment determining the priority of the lienholder as the most senior mortgagee is obtained. The proceeds are to be applied by the senior mortgagee for the benefit of the unit owner.69 In other words, associations can be required to pay rental proceeds received while it is the owner of the unit to the senior lienholder after a foreclosure, although the senior lienholder retains all of its rights and remedies, including the ability to foreclose its lien. This statute may be unconstitutional under the contracts, takings, or equal protection clauses. Process Servers Sections 514B-106.5 and 634-21.5 of the HRS were enacted in 2009 to provide reasonable access to process servers.70 The condominiums that are inaccessible to the general public (i.e., secured buildings or gated communities) must adopt a policy that identifies a person who may be contacted during normal business hours to provide access to the project to process servers for the purpose of making service of process on residents of the project. The policy must be available at a location near the principal entrance to the building or the community, such as a guard shack or security office.71 Association Records The last significant change is regarding the availability of association records to individual owners and others. In 2014, a new section 514B-154.5 was added to consolidate the existing requirements of sections 514B-152, 514B-153, and 514B154 of the HRS.72 The new section was not intended to change anything to the existing requirements.73 In fact, it appears that this section created an obligation to provide records to an owner’s “authorized agents,” in addition to the owners themselves.74 For example, this requirement now allows tenants to ask for association records on behalf of their landlords. Conclusion In summary, chapter 514B has been modified to account for concerns that prevail over condominium governance, such

as responsible energy use or the protection of debtors, persons with disabilities, etc. Regardless of these changes, when confronted with a condominium issue, the analysis almost always starts with a review of the governing documents for that particular project. However, the analysis does not end there, as the requirements of the governing documents may have been modified by statute, depending on the issue at hand and sometimes the layout of the condominium. __________________ 1 Real Estate Comm’n, Haw. Dep’t of Commerce & Consumer Affairs, Association of Unit Owners Contact List (2015), available at http://cca.hawaii.gov/reb/files/2013/08/AOU OContact1501.pdf. 2 The State of Hawaii reports that in 2013, there were 158,294 units in condominiums, for a total of 526,257 housing units. Haw. Dep’t of Bus. Econ. Dev. & Tourism, The State of Hawai‘i Data Book: A Statistical Abstract (2013), § 21, Tables 21.10 and 21.20, available at http://files.hawaii.gov/dbedt/economic/databook/db2013/section21.pdf. 3 2015 Haw. Sess. Laws ch. 164, § 2 adopted Chapter 514B of the Hawaii Revised Statutes as the new Condominium Property Act, which became effective on July 1, 2006. 4 In 1987, the Intermediate Court of Appeals of Hawaii recognized that the condominium concept of ownership is unique and justifies that each owner should give up some degree of freedom of choice he or she might otherwise enjoy in separate, privately owned property. Association of Owners of Kukui Plaza v. City and County of Honolulu, 742 P.2d 974, 983, 7 Haw. App. 60, 74 (Haw. Ct. App. 1987) (citing Aquarian Foundation v. Sholom House, 448 So. 2d 1166, 1167 (Fla. Dist. Ct. App. 1984)). 5 See generally, HAW. REV. STAT. § 514B-104 (2008) (HAW. REV. STAT. § 514B-106 (Supp. 2014) empowers the board of directors to act on behalf of the association). Note that the condominium association does not own the common elements. 6 HAW. REV. STAT. § 514B-104(a)(1), (6) (2008); HAW. REV. STAT. § 514B-105(b) (2008); and HAW. REV. STAT. § 514B-144 (2008). 7 Many provisions of chapter 514B specifically state that they apply “except as provided in the declaration [or bylaws]” or “subject to the provisions of the declaration and bylaws.” See, e.g., HAW. REV. STAT. § 514B-35 (2008) (unit boundaries and limited common elements), HAW. REV.

STAT. § 514B-39 (2008) (limited common elements), HAW. REV. STAT. § 514B-40 (2008) (transfer of limited common elements), HAW. REV. STAT. § 514B-41 (2008) (allocation of common expenses), HAW. REV. STAT. § 514-104 (2008) (powers of the association), HAW. REV. STAT. § 514B-106 (Supp. 2014) (powers of the board), and HAW. REV. STAT. § 514B-140 (Supp. 2014) (additions and alterations to the condominium). 8 HAW. REV. STAT. § 514B-32 (Supp. 2014). 9 HAW. REV. STAT. §§ 514B-108 (2008) and 514B156 (Supp. 2014).

easement, detract from the appearance of the project, interfere with or deprive any nonconsenting owner of the use or enjoyment of any part of property, or directly affect any nonconsenting owner.” 19 “A townhouse is a series of individual houses, having architectural unity and a common wall between each unit, provided that each unit extends from the ground to the roof.” HAW. REV. STAT. § 514B-140 (Supp. 2014). 20 HAW. REV. STAT. § 196-8.5 (Supp. 2014) and HAW. REV. STAT. § 196-7 (Supp. 2014), respectively.

Hawaii Civil Rights Commission reported that, in 2014, it accepted 27 fair housing complaints, 16 of which were based on disability (59.3%). HAW. CIV. RTS. COMM’N, 2013-14 ANN. REP. 15, available at http://labor.hawaii.gov/hcrc/files/2012/12/An nual_Report_2013-2014.pdf. 39 42 U.S.C. § 3604(f)(3)(A) (2010); HAW. REV. STAT. § 515-3(8) (Supp. 2014). 40 42 U.S.C. § 3604(f)(3)(B) (2010); HAW. REV. STAT. § 515-3(9) (Supp. 2014). 41 2011 Haw. Sess. Laws ch. 175, § 8.

10 Amendments to the bylaws must be approved by owners of 67% of the common interest (HAW. REV. STAT. § 514B-108(e) (2008)). For amendments to the declaration and condominium map, condominiums that have “opted in” to chapter 514B only need the approval of 67% of the common interest (HAW. REV. STAT. § 514B-32(a)(11) (Supp. 2014)), and condominiums that did not opt in need the approval of 75% of the common interest (HAW. REV. STAT. § 514A-11(11) (2008)). 11 Chapter 514B only states that amendments to the bylaws must be recorded (HAW. REV. STAT. § 514B-108(a) (2008)). The requirement to also record amendments to the declaration and condominium map is implied from other sections (HAW. REV. STAT. § 514B-34 (2008), HAW. REV. STAT. § 514B-37 (2008), and HAW. REV. STAT. § 514B-40 (2008)). 12 See HAW. REV. STAT. § 514B-22 (2008). 13 HAW. REV. STAT. § 514B-23 (Supp. 2014). 14 For example, chapter 514A requires the approval of owners of 75% of the common interest to amend the declaration or change the use of the common elements, while chapter 514B requires the approval of only 67% of the common interest (HAW. REV. STAT. § 514A-11(11) (2008); HAW. REV. STAT. § 514A-13(d) (2008); HAW. REV. STAT. § 514B-32(a)(11) (Supp. 2014); and HAW. REV. STAT. § 514B-38 (2008)). Sections 514B-32 and 514B-38 do not automatically apply to condominiums created before July 2006. See HAW. REV. STAT. § 514B-22 (2008). 15 HAW. REV. STAT. § 514B-104(a)(1) (2008), and

21 2009 Haw. Sess. Laws ch. 192, § 2. 22 HAW. REV. STAT. § 196-8.5(b) (Supp. 2014). 23 2010 Haw. Sess. Laws ch. 53, § 3. 24 HAW. REV. STAT. § 514B-140(d)(3) (Supp. 2014). 25 HAW. REV. STAT. § 514B-140(d)(3) (Supp. 2014). 26 HAW. REV. STAT. § 196-7 (Supp. 2014). 27 HAW. REV. STAT. § 196-7(b) (Supp. 2014), amended by 2010 Haw. Sess. Laws ch. 201, § 2. 28 2010 Haw. Sess. Laws ch. 201, § 4. 29 HAW. REV. STAT. § 196-7(c)(3) (Supp. 2014).

43 U.S. DEP’T OF HOUS. & URBAN DEV. & U.S. DEP’T OF JUSTICE, JOINT STATEMENT OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND THE DEPARTMENT OF JUSTICE: REASONABLE ACCOMMODATIONS UNDER THE FAIR HOUSING ACT 13-14 (2004), available at http://www.hud.gov/offices/fheo/library/huddojstatement.pdf. 44 Haw. Admin. Rules § 12-46-306(a)(1) (2013). 45 The argument is that, by asking about the symptoms of a disability, the association would be inquiring about the diagnosis, nature or severity of the person’s disability, which is prohibited. Haw. Admin. Rules § 12-46-306(a)(1) (2013). 46 Haw. Admin. Rules § 12-46-318 (2013).

31 2014 Haw. Sess. Laws ch. 106, § 2.

47 HAW. REV. STAT. § 521-39 (Supp. 2014).

32 HAW. REV. STAT. § 196-7(e) (Supp. 2014), amended by 2014 Haw. Sess. Laws ch. 106, § 2.

48 2015 Haw. Sess. Laws ch. 242, § 5.

33 2010 Haw. Sess. Laws ch. 186, § 1. 34 HAW. REV. STAT. § 196-7.5(c)(3) (Supp. 2014) and HAW. REV. STAT. § 196-7.5(d) (Supp. 2014). 35 2012 Haw. Sess. Laws ch. 18, § 3. 36 42 U.S.C. § 3604(b) (2010).

16 HAW. REV. STAT. § 514B-105(b) (2008).

37 HAW. REV. STAT. § 515-3 (Supp. 2014).

17 See HAW. REV. STAT. § 514B-156(a) (2008).

38 According to the United States Department of

18 HAW. REV. STAT. § 514B-140 (Supp. 2014) defines nonmaterial alterations as “an addition to or alteration of the common elements or a unit that does not jeopardize the soundness or safety of the property, reduce the value thereof, impair any

Housing and Urban Development, in 2013, 53% of all fair housing complaints were based on disability. U.S. DEP’T OF HOUS. & URBAN DEV., 2012-13 ANN. REP. ON FAIR HOUSING 19, available at http://portal.hud.gov/hudportal/documents/huddoc?id=2012-13annreport.pdf. The

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Association of Apartment Owners of Liliuokalani Gardens at Waikiki v. Taylor, 892 F.Supp.2d 1268, 1287 (D. Haw. 2012).

30 HAW. REV. STAT. § 196-7(c)(3) (Supp. 2014) and HAW. REV. STAT. § 196-7(d) (Supp. 2014).

HAW. REV. STAT. § 514B-104(a)(6) (2008).

14 September 2015

49 Both HAW. REV. STAT. § 521-39 (Supp. 2014) and 2015 Haw. Sess. Laws ch. 242, § 5 include the house rules in the list of documents that can prohibit smoking. 50 See HAW. REV. STAT. § 514B-105(b) (2008). 51 2015 Haw. Sess. Laws ch. 242, § 5. 52 HAW. REV. STAT. § 514B-146(a) (Supp. 2014). 53 HAW. REV. STAT. §§ 514B-146(g), (h) (Supp. 2014). 54 2012 Haw. Sess. Laws ch. 182, § 10. 55 HAW. REV. STAT. § 514B-146(a) (Supp. 2014). Regardless, federal tax liens may have priority as determined by federal law.

(Continued on page 23)

Ethics and the Appellate Attorney by Carol K. Muranaka On May 12, 2015, Disciplinary Board member Jim Branham, a former Hawaii Supreme Court staff attorney, spoke to the HSBA Appellate Law Section about ethics and the appellate lawyer. He provided the obvious disclaimer that he was not speaking for the Disciplinary Board, the Hawaii Supreme Court, or the Judiciary. He observed ethics complaints about appellate lawyers are few, but common enough that those who work in the appellate courts and at the Office of Disciplinary Counsel (“ODC”) know the trouble they will see. Common complaints Complaints to ODC about appellate attorneys usually come from the appellate courts, the clients, or opposing counsel, Branham said. He noted most of the court complaints to ODC could have been avoided had the appellate lawyer paid attention to the court’s first Order to Show Cause. Neglect, exhibited by the attorney’s failure to comply with deadlines and briefing rules and failure to respond to court orders, is a common problem. Referrals to ODC are usually the result of a series of acts or failures to act. Branham said he was unaware of current court practices, but the appellate courts previously issued orders to show cause to a neglectful attorney, imposed small sanctions upon second and subsequent OSCs, and as a last resort, referred the attorney to ODC. Other common ethical offenses include lack of preparation, snide and disrespectful language or behavior, and lack of attribution for borrowed language. As a practical matter, Branham cautioned attorneys to “avoid condescension” in oral argument and briefs and wondered aloud why any attorney would begin an oral argument with “if you have read the cases.” Branham said that investigation of an ethics complaint often reveals other significant problems

such as substance abuse, physical or mental illness, and non-compliance with trust accounting rules. Defending an ethics complaint When the ODC receives a complaint, the office usually sends a letter to the subject attorney and asks for a response to the allegations. Upon receipt, the appellate lawyer should respond, even if the attorney believes the complaint is frivolous. The attorney and his/her staff need to know that these letters are priority. Serious consideration should be given to obtaining representation. When getting representation, Branham stated attorneys should realize that “rabid dog lawyers make good television, but they make terrible representatives in ODC cases. Get a lawyer who is not a jerk, who knows how to analyze, present, and examine evidence, and who is respected.” Branham said that attorneys may not be at their best when representing themselves and suggested they should “measure the cost of representation against the cost of your education, your career, your reputation.” “Don’t play games with an ODC letter. You have a duty to cooperate, and you have a duty to provide truthful information.” Branham cautioned the attorneys to address each allegation of the ODC letter and to include exhibits when needed. If the complaint becomes a formal petition, he stated lack of a response is an admission of the facts alleged. Branham observed that unfortunately the procrastination, inability to recognize priorities, or substance abuse problems that preceded the complaint are often exhibited by a lawyer’s response or lack of response to an ODC letter. Branham urged attorneys with substance abuse problems to get help from the Attorneys and Judges Assistance Program. Branham recommended against attempting to negotiate withdrawal of an ethics complaint with one who sub-

Jim Branham and staff attorneys mitted the complaint to ODC. He noted the complainant is a complaining witness and has no authority to withdraw the complaint, that such negotiations are prohibited and become an additional disciplinary problem. “If someone threatens to refer you to ODC, just give them the address,” he said. Branham noted the Disciplinary Board has instituted a voluntary settlement process where a board member is assigned to help the ODC and the respondent attorney resolve disciplinary cases. Branham alerted the attorneys to keep in mind that a disciplinary record becomes public 90 days after service of a formal petition. He urged respondent lawyers to participate in the investigation and pre-hearing stages with their attorneys and view those stages and the 90day period as opportunities to reach resolution. He warned attorneys to take stipulations of fact seriously, noting the stipulations are binding and, unlike other kinds of settlement negotiations, the stipulations are not and cannot be limited to “purposes of discussion or settlement.” Spending the retainer Branham said that the Disciplinary Board often sees cases in which the attorney spent a retainer before the money was earned. He said that all fees, including retainers, (1) must be reasonable; (2) must be refundable; and (3) must be held in trust until earned. Branham explained that, no matter how characterized, non-refundable September 2015

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retainers or fees are prohibited. All fees must be placed in the attorney’s trust account until earned. He noted written fee agreements are required in some instances and beneficial in all cases. He suggested a fee agreement should be written so the client understands it. If the attorney charges a flat fee, there should be a clear agreement about when the attorney has earned the fee and can transfer the funds from the trust account to his/her business account. “Be worried about how things appear,” said Branham. “Don’t get into stupid arguments about fees with your client.” A practitioner with questions about fee arrangements should consult with others if he or she finds the accounting rules unclear. Attorney Disability Branham suggested appellate lawyers consider how obligations to clients will be carried out if the lawyer has a serious or unexpected health problem. He urged the lawyers to have a plan that can be put into effect by a staff

member or a fellow lawyer so the client’s interests can be protected. Branham was asked about the lawyer’s obligations to a client who has a mental health problem. Branham noted the general obligation to act in the best interests of the client and stated that the appellate attorney might need to seek court or other assistance. Recyled brief The meeting ended with a brief discussion about how much an attorney can charge for a recycled document. Branham stated the same criteria apply as for any other work, referring the attorneys to the rules governing fees, including how much time the attorney spent in revising and using a recycled document.1 He said attorneys should be careful about buying documents from the internet or other attorneys, noting an attorney’s work should illustrate competent representation and be good for the client. __________________

1 HRPC Rule 1.5(a), Reasonableness of Fee, provides, in relevant part, as follows: A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount amount for expenses. The factors to be considered in determining the reasonableness of a fee include the following: (1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly; (2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer; (3) the fee customarily charged in the locality for similar legal services; (4) the amount involved and the results obtained; (5) the time limitations imposed by the client or by the circumstances; (6) the nature and length of the professional relationship with the client; (7) the experience, reputation, and ability of the lawyer or lawyers performing the services; and (8) whether the fee is fixed or contingent, and in contingency fee cases the risk of no recovery and the conscionability of the fee in light of the net recovery to the client.

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Unlicensed Mainland Attorneys’ Participation in Local Arbitrations by David C. Farmer May an attorney, not licensed in Hawaii, represent a party in an arbitration conducted in Hawaii? Haw. Rev. Stat. § 605-14 prohibits such unauthorized practice of law.1 Further, Hawaii Rules of Professional Conduct Rule 5.5(b) prohibits Hawaiilicensed attorneys from assisting an unlicensed person in the unauthorized practice of law. Can this prohibition be overcome by an attorney appearing pro se for a corporate entity in which he or she is an officer and shareholder? A longstanding and widely practiced rule prohibits corporations from being represented by non-attorneys,2 consistent with the existence of a corporation as a “person” separate and distinct from its shareholders, officers and employees.3 The traditional rule regarding corporations is that they must be represented by a licensed attorney in courts of law4 This rule was recognized very early in American jurisprudence.5 Additionally, this general rule against non-attorney representation is not only recognized in the federal courts, but also has been recognized by state courts, including in Hawaii.6 Haw. Rev. Stat. § 605-2, Hawaii law since 1859, provides that “any person” may appear without legal counsel in legal proceedings. In Oahu Plumbing & Sheet Metal Ltd. v. Kona Constr., 60 Haw. 372, 590 P.2d 570 (1979), the supreme court held that, except in limited circumstances, a corporation may be represented only by an attorney, and nonattorney agents are not allowed to represent corporations in litigation before the courts of the state on the basis that the statute allowing “any person” pro se rep18 September 2015

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resentation applied only to natural persons, not to juridical persons, such as corporations. A number of courts have stated their rationale for upholding the rule prohibiting corporations from representing themselves pro se. One such rationale noted by the courts is that a corporation is merely fictional, lacking substance, and therefore is incapable of representing itself.7 Courts have so held, even when the individual attempting to represent the corporation is that corporation’s president and majority stockholder.8 Finally, an overriding justification for this rule seems to be that if a party chooses the benefits of incorporation, then he “must now bear the burdens of that incorporation.”9 Such rationale is obviously persuasive, and lends credibility to the rule that corporations must be represented in arbitrations and in court by attorneys.10 In the context of arbitration, allowing an unlicensed attorney to represent a corporation or LLC would constitute a clear violation of Hawaii Rules of Professional Conduct Rule 5.5(b) by both the Hawaii-licensed attorneys as well as any attorneys and former judges serving on a panel of arbitrators. A consideration, often ignored by unsuspecting attorneys, is whether a pro se, out-of-state attorney is willing to apply for a State of Hawaii general excise tax license if she appears very briefly on a Hawaii state or federal court matter. Legal services performed in the state are clearly taxable and would require the appropriate tax reporting, both under the state general excise and net income tax statutes. Of course, the attorney can request reimbursement from her client for the fees and taxes paid at a later date, but the tax reporting involves some amount of paperwork. __________________ 1 “A majority owner of corporation, president of association, chairman of nonprofit, trustee of trust, or partner in a partnership, who attempts

to represent his or her respective entity in state or federal court would likely be engaging in the unlawful practice of law.” Oregon State Bar Unauthorized Practice of Law Advisory Opinion No. 2013-2, citing ORS 9.160 and Oregon State Bar v. Wright, 280 Or. 693, 573 P.2d 283 (1977). 2 See Rowland v. California Men’s Colony, Unit II Men’s Advisory Council, 506 U.S. 194, 202, 113 S. Ct. 716 (1993) (“As the courts have recognized, the rationale for that rule applies equally to all artificial entities. Thus, save in a few aberrant cases, the lower courts have uniformly held that 28 USC § 1654, providing that ‘parties may plead and conduct their own cases personally or by counsel,’ does not allow corporations, partnerships, or associations to appear in federal court otherwise than through a licensed attorney.”) (footnote omitted). 3 Jonathan R. Macey, Macey on Corporation Laws (2011-1 and 2013-1 Supplements), §4.02[D][3] (b), Appearance pro se. 4

See Comment, Representation of a Corporation by Its Lay Employees, 5 J. LEGAL PROF. 217 (1980). See also Annot., 19 A.L.R.3d 1073 (1968). 5 See, e.g., Osborn v. President, Directors & Co. of the Bank of the United States, 22 U.S. (9 Wheat.) 326 (1824) (Chief Justice Marshall in dictum stated, “It is admitted, that a corporation can only appear by attorney.”) 6 See, e.g., Oregon Peaceworks Green, PAC v. Secretary of State, 311 Or. 267, 270–72, 810 P.2d 836 (1991) (persons may appear pro se, but entities must be represented by a lawyer). 7 See, e.g., K.M.A. Inc. v. General Motors Acceptance Corp., 652 F.2d 398, 399 (5th Cir. 1981); Brandstein v. White Lamps, 20 F. Supp. 369, 370 (S.D.N.Y. 1937). 8 See, e.g., K.M.A., Inc., 652 F.2d at 399; United States v. 9.19 Acres of Land, 416 F.2d 1244, 1245 (6th Cir. 1969). 9 Mercury Indus., Inc, v. Bristol-Meyers Co., 392 F.Supp. 16, 20 (S.D.N.Y. 1974, aff ’d, 508 F.2d 837 (2d. Cir.1974). See also Lattanzio LLC v. COMTA, 481 F. 3d 137 (2nd Cir. 2007); Walacavage v. Excell 2000, Inc., 480 A.2d 281, 284 (Pa. Super. 1984). 10 Cf. The Pitfalls of Mediating and Arbitrating on the Mainland: Are You Inadvertently Committing the Unauthorized Practice of Law? HAWAII BAR JOURNAL (June 2007).

Press Release FROM: U.S. District Court, District of Hawaii DATE: August 12, 2015 SUBJECT: Appointment of New Federal Magistrate Judge The United States District Court, for the District of Hawaii, has appointed a merit selection panel to assist the court in the selection of a new magistrate judge. A vacancy will arise when Judge Barry M Kurren, who has served as a United States Magistrate Judge since 1992, retires at the end of his third term in March 2016. The selection panel chair is Bert Sakuda, who is joined by attorneys Paul Alston, Erika Lewis Amatore, Joachim Cox, Patricia McHenry, Michael Nakano, and Lynn Panagakos, and by non-lawyer community members Craig Howes and Pono Shim. Application forms are available on the website of the United States District Court for the District of Hawaii at www.hid.uscourts.gov and must be mailed to the panel, postmarked no later than September 15, 2015, addressed to:

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Bert Sakuda, Chair Magistrate Judge Selection Panel 841 Bishop St #600 Honolulu HI 96813 Magistrate judges handle civil pretrial and evidentiary proceedings, civil trials with consent of the parties, preliminary criminal proceedings, the trial and disposition of misdemeanor cases, and other matters authorized by federal law. Magistrate judges are appointed to eight-year terms with a current annual salary of $185,012. Applicants should have a minimum of five years of experience as licensed attorneys, be less than 70 years old, and not be related to a judge of the district court. The panel may request additional information from applicants. Information regarding the position, qualifications, and application process can be found on the court website at www.hid.uscourts.gov or by contacting Sue Beitia, Clerk of Court, at sue_beitia@hid.uscourts.gov. All applications will be kept confidential, unless an applicant consents to disclosure; all selection panel deliberations will remain confidential pursuant to law. Appointment of the new magistrate judge will be subject to an FBI investigation and to IRS clearance. September 2015

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Momentum of Volunteerism (Kudos to Central Pacific Bank) “It is hoped that the Commission will have a positive impact on bringing equal justice to all,” said Justice Simeon R. Acoba, Jr., (ret.), former Chair of the Hawaii Access to Justice Commission (“Commission”) upon the creation of the Commission in 2008.1 One of the endeavors of the Commission in this regard is the Access to Justice Room at the Honolulu District Court. The Honolulu Access to Justice Room, which opened on July 23, 2012 is a joint effort of the Judiciary, Legal Aid Society of Hawaii, HSBA, the AmeriCorps program, and the Commission. A call on behalf of the Commission was made to Central Pacific Bank (“CPB”) to assist with the Access to Justice Room at the Honolulu District Court, and Catherine Ngo, Chief Executive Officer and President of CPB, General Counsel Glenn Ching, and Christine Daleiden, Senior Legal Counsel, enthusiastically embraced the idea. They recruited their counterparts at the other major banks and organized a training day. On June 5, 2015, approximately 20 attorneys from five major banks came together for a three-and-one-half-hour training session, which is a prerequisite to volunteer at the Access to Justice Room. Facilitating, organizing, and planning the event required extra hours by CPB’s counsel. The consequence was a unique occasion, well-planned and

20 September 2015

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smoothly executed. General Counsels at Bank of Hawaii (Mark Rossi), First Hawaiian Bank (Carrie Okinaga), American Savings Bank (Michelle Kim Stone), Hawaii National Bank (Daniel Fong), and Finance Factors (Sam Yee) supported their respective banks’ attorneys in this training and in volunteering pro bono. Hawaii Supreme Court Chief Justice Mark E. Recktenwald expressed his appreciation to the group for volunteering. At mid-day, on behalf of the Commission, Tracey Wiltgen, Executive Director, The Mediation Center of the Pacific, thanked the attorneys for their commitment. General Counsel Ching innovatively sprinkled the duration of the training video with prizes for quick responses to equally quick questions. The attorneys earned 3.5 CLE credits for attendance and will be able to convert one of the credits to an ethics credit after volunteering five hours at the Honolulu Access to Justice Room. The participating attorneys were: Ashlee Berry, Kyle Chang, Jamie Cheng, Calli Chinen, Glenn Ching, Christine Daleiden, Stacey Djou, Jamesner Dumlao, Lianna Figueroa, Daniel Fong, Valerie Ito, Melissa Kolonie, April Lee, Russell Lum, Adrienne Miller, Patricia Moy, Deborah Ng-Furuhashi, Jamie, Sheu, Nichole Shimamoto, Aaron Stewart, and Sam Yee. The types of legal advice given at the Access to Justice Room are limited to landlord-tenant issues, debt collection problems, and temporary restraining orders related to non-family members. Before the self-represented litigants arrive at the Access to Justice Room, they are screened by the Hookele (aka District Court Civil Service Center) staff.

An additional example of CPB’s priority in this area is its development of its own Pro Bono Policy, which can be a template for other financial institutions and organizations. This policy was based upon the model pro bono policies previously adopted by the Commission. The newly developed Policy was shared with the other banks’ attorneys prior to the training. CPB’s Pro Bono Policy Statement provides as follows: All actively licensed attorneys employed at Central Pacific Bank (“Bank”) are encouraged to provide free (“pro bono”) legal services to charitable, civic, community, governmental, religious, educational, and other organizations, to include organizations that provide or facilitate the provision of legal services to persons of low income or who are otherwise disadvantaged, and to also include organizations involved with improving the judicial system and legal profession. In addition to enhancing the reputation of our legal profession, pro bono service is personally rewarding, supports our Bank’s commitment to our communities.... For a complete copy of CPB’s Pro Bono Policy, please contact Glenn Ching at glenn.ching@centralpacificbank.com. As Judge Daniel R. Foley, current Commission Chair, said, “The pursuit of equal justice for all is truly a noble endeavor.” __________________ 1 See Hon. Simeon R. Acoba, Jr., “The Access to Justice Commission, ” Hawaii Bar Journal, December 2008, at 4.

COURT BRIEFS DWI Court Program Helps Graduates Find New Sense of Self and Life

On June 18, 2015, the Honolulu DWI Court held a graduation ceremony to acknowledge the hard work, dedication, and achievements of three individuals who successfully completed the DWI Court Program. In addressing those gathered for the ceremony, each graduate spoke about how the program helped them find a new sense of self and life. Honolulu criminal defense attorney Jonathan Burge also shared his observations with the assembly, saying, “This DWI Court is a program that changes lives. . . .It teaches you how to stay sober, and it ultimately saves lives.” Following the ceremony, defense attorney and DWI Court Committee Member R. Patrick McPherson expressed his enthusiastic support for what the program has accomplished, saying, “The DWI Court helps treat the addiction and illness so that individuals get their life back; they become the person they were before their addiction. Moreover, the program protects our community by keeping some of the most dangerous drivers off the road. In both ways, the DWI Court is working for Hawaii.” Congratulations to everyone for a great team effort.

Dyan M. Medeiros Sworn In as District Family Court Judge of the First Circuit

On Friday, July 10, 2015, Dyan M. Medeiros was sworn in for a six-year term as judge of the District Family Court of the First Circuit. The oath of office was administered by Chief Justice Mark E. Recktenwald. Guest speakers were, in order of presentation, Gregory K. Markham, President, Hawaii State Bar Association; Judge Christine E. Kuriyama, President, Hawaii State Trial Judges Association; James A. Kawachika, Chair, Judicial Selection Commission; Representative Della Au Belatti, and Senator Gilbert S.C. Keith-

Agaran. Judge Medeiros’ appointment is effective from July 10, 2015, to July 09, 2021. Judge Kathleen Watanabe Retained for Fifth Circuit Court

Congratulations to Kathleen Watanabe who was recently retained as judge in the Circuit Court of the Fifth Circuit (Kauai) to serve a ten-year term beginning August 17, 2015, and ending on August 16, 2025. The order from the Judicial Selection Commission was issued on July 2, and Judge Watanabe will be sworn in by Chief Judge Randal Valenciano on August 11, 2015, at 11 a.m. in the Pu`uhonua Kaulike Building (Kauai Judiciary Complex). Jury Questionnaires Mailed Out for 2016

Every August, the Hawaii State Judiciary mails juror questionnaires to individuals who have a Hawaii state driver’s license and are registered to vote in the State of Hawaii. This year, on August 10, 2015, approximately 235,000 juror questionnaires were mailed to 85,000 residents on Oahu, 55,000 in Maui County, 70,000 on the Big Island, and 25,000 on Kauai. The questionnaires are used to help select potential jurors who may be eligible to serve in 2016. Those who received a questionnaire had 10 days to complete and return the questionnaire to the Jury Pool Office. Anyone who failed to respond may be penalized. To be eligible to serve as a juror, a person must be at least 18 years old, a citizen of the United States, a resident of Hawaii, and able to read and understand English. Seeking Grand Jury Counsel for Kauai

The Circuit Court of the Fifth Circuit is seeking application for Independent Grand Jury Counsel. If you are interested in being considered for a one-year appointment, please submit a resume by October 26, 2015, to Chief Judge Randal Valenciano, 3970 Kaana Street, Suite 306, Lihue, Hawaii 96766, Fax, (808) 482-2662.

Thank you to "Al" Konishi for donating his time, expertise, and good humor to the Hilo Self Help Center many times during the last few months. His presence has helped keep the SHC open on a couple of days when we had no other volunteer attorneys. Al brings over 34 years of experience working in real estate to the SHC and his favorite part of volunteering is "meeting people and talking to them." He credits his commitment to volunteer service to his parents Itsuo and Takeyo Konishi and former partner, Daniel H. Case. Mahalo nui loa Al! Contact Sergio Alcubilla Director of External Relations (808) 527-8063 · sealcub@lashaw.org www.legalaidhawaii.org September 2015

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HSBA HAPPENINGS July Board Action Summary

The HSBA Board took the following actions at its meeting in July: • Approved the recommendation of the joint Executive-Finance Committee on funding for the proposed public service project requests of the 2016 HSBA budget; • Voted to appoint Leslie Hayashi as the temporary Hawaii State Bar Delegate for participation and voting purposes at ABA House of Delegates meetings at the 2015 ABA Annual Meeting in Chicago scheduled for August 3, and 4, 2015. Hawaii State Delegate Margaret Masunaga is unable to attend these meetings due to judicial responsibilities. According to the ABA, the current Hawaii State Bar Delegate, James Kawachika, automatically assumes the position of the Hawaii State Delegate. The temporary appointment of Hayashi as the Hawaii State Bar Delegate will ensure full Hawaii representation at appropriate House of Delegates meetings in Chicago. HSBA Bar Convention

Save the date, Friday, October 23, 2015 for the Bar Convention at the Hawaii Convention Center. CLE programs, networking, vendor exhibits, and much more. HSBA CLE 101 Series What is it?

One hour $25 CLE seminars on a wide range of topics. Conveniently held at the HSBA office at either 8:30 a.m. or noon.

Attorneys who do not currently practice in certain areas but would like to expand their general knowledge. Attorneys who just want to improve their professional skills.

calling plans $34.99 and higher. Employee discount also available, up to 18% on eligible wireless calling plans $34.00 and higher. Visit www.hsba.org for more details.

Upcoming Scheduled 101 Seminars:

AT&T - 15% discount off qualified

• Ceded Lands, September 9, noon. • Probate 101, September 30, 8:30 a.m. Webcasts of past HSBA CLE 101 programs are available online. Please visit the HSBA CLE webcasts page to purchase. Questions? Call (808) 7927336.

monthly recurring charges and 20% off accessories. Bring your HSBA ID card to any AT&T Mobility store and have your account attached to Foundation Account Number 33573 (FAN33573).

CLE CORNER How do I report the total number of CLE credits I completed during the calendar year?

Active members of the bar must certify on the annual registration and renewal statement that they have completed at least 3 credit hours of continuing legal education (“CLE”). Each attorney should keep a proper record and keep certificate(s) of completion/ attendance in a safe place to submit to the HSBA upon request. It is recommended that members complete their CLE requirement prior to submitting their annual renewal form so that they may answer affirmatively. How long should I keep my certificates of completion/attendance?

You are required to keep certificates of completion/attendance for three years. Your credits may be subject to audit by the HSBA, and you may be required to submit your certificate(s) upon request. Please contact Debbie Blanton, MCLE Administrator at dblanton@ hsba.org for MCLE-related questions and concerns.

Who should attend?

Attorneys who want exposure to various subject areas missed or not covered in law school. 22 September 2015

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Member Benefits Highlight Verizon Wireless – HSBA members

receive 22% discount on eligible wireless

Lenovo, is offering instant savings on its

suite of notebooks, tablets, laptops, and accessories. Save up to 25% on the latest in computing technology. Lenovo is offering discounts on its entire product line such as ThinkPad® and Idea Pad™ notebooks. Free shipping on web orders included. Visit www.lenovo.com/hsba. Staples - HSBA members are eligible

for discounted prices on over 30,000 supplies and services. Free next-day delivery on standard orders over $30. View www.hsba.org. - RightSignature streamlines your practice with elegant, intuitive online electronic signature software. Members of the Hawaii State Bar Association receive a 23% lifetime discount on their annual RightSignature subscription. Start your free trial or sign up for a subscription at https://right signature.com/p/hsba. RightSignature

Need a New Bar Card?

You can order your new Bar Card online at: http://bit.ly/1zJnCrx. It will take up to three business days for processing online orders or you can contact Natalie Millon at nmillon@hsba.org to schedule a time at the HSBA office for a photo and card in 10 to15 minutes.

Hawaii State Bar Association Annual Meeting Notice

In accordance with Article IV, Section 1, of the HSBA Constitution & Bylaws, the HSBA Annual Meeting will be held on Friday, October 23, 2015 in conjunction with the Bar Convention luncheon at the Hawaii Convention Center. Proposed Amendment Constitution & Bylaws

noon. You may call Brian Simon at 5371868 or send an email to bsimon@hsba.org to receive a nominating petition form.

56 See HAW. REV. STAT. § 514B-146(a) (Supp. 2014).

Vice President/President Elect Ian Sandison

57 HAW. REV. STAT. § 667-5 through 667-10 (2008) (repealed 2012).

Secretary Michele Alarcon

58 HAW. REV. STAT. § 667-21 through 667-42 (2008) (amended 2012). 2012 Haw. Sess. Laws ch. 182, § 3(7) deleted the word “Alternate” in “Alternate Power of Sale Foreclosure Process.”

HSBA

The HSBA Board recommends the following proposed amendment be approved at the HSBA Annual Meeting on October 23, 2015: amend Article XII, Section 2, to reduce the quorum amount for the YLD annual or special meetings from 75 to 25.

Treasurer Tim Lui-Kwan

Senior Counsel Division Election Notice

Director: Big Island Charlene Iboshi

The SCD Nominating Committee herein publishes the following list of nominees for HSBA SCD officer and director positions. Ballots will be distributed in mid-October, and the election results will be announced at the November 5, 2015 Annual Meeting breakfast at The Plaza Club. An SCD member may also be nominated by written petition signed by fifteen SCD members and submitted to the Secretary c/o Brian Simon, 1100 Alakea Street, Suite 1000, Honolulu, HI 96813, no later than twelve days after the mailing or emailing date of the nominating committee’s list of nominees. Completed nominating petition forms must be submitted by October 18, 2015,

(Continued from page 14)

59 HAW. REV. STAT. § 667-5 through 667-10 (2008) (repealed 2012). 60 2011 Haw. Sess. Laws ch. 48.

Director: Oahu Michelle Alarcon William M. Tam James S. Williston

Director: Kauai Jonathan Chun Director: Maui Judith Neustadter Naone

61 2011 Haw. Sess. Laws ch. 48, § 40. 62 2012 Haw. Sess. Laws ch. 182, § 3. 63 HAW. REV. STAT. §§ 667-91 through 667-104 (Supp. 2014). 64 HAW. REV. STAT. § 667-19(3) (Supp. 2014); HAW. REV. STAT. § 667-92(c) (Supp. 2014). 65 HAW. REV. STAT. § 667-92(c) (Supp. 2014). 66 HAW. REV. STAT. § 667-92(f) (Supp. 2014). 67 HAW. REV. STAT. § 667-103 (Supp. 2014).

Please note that all of the above races are uncontested. Also, the following SCD Board members representing Oahu are currently serving two-year terms set to expire at the end of 2016: Charles W. Crumpton, Rosemary T. Fazio, and Ian Sandison. Carole Richelieu will serve as SCD President in 2016.

68 HAW. REV. STAT. § 667-104 (Supp. 2014). 69 HAW. REV. STAT. § 514B-146(k) (Supp. 2014). 70 2009 Haw. Sess. Laws ch. 158, § 4. This act was supposed to sunset on July 1, 2012, but the sunset provision was repealed by 2011 Haw. Sess. Laws ch. 65, § 1. 71 HAW. REV. STAT. § 634-21.5(d) (Supp. 2014). 72 2014 Haw. Sess. Laws ch. 188, § 2.

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73 HAW. REV. STAT. § 514B-154.5(h) (Supp. 2014). 74 HAW. REV. STAT. § 514B-154.5(a) (Supp. 2014).

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CA S E N OT E S Supreme Court Administrative

Pofolk Aviation of Haw., Inc. v. Department of Trans., No. SCWC-130003857, June 29, 2015, (Recktenwald, C.J.). This case involved the validity of airport landing fees imposed by the Department of Transportation Airport Division (DOT-A). DOT-A leases Dillingham Airfield on the island of Oahu (Dillingham Airfield) from the United States Army. Since DOT-A began leasing the airfield from the Army, DOT-A has imposed landing fees on commercial users, including Appellants. In late 2012, DOT-A claimed that Appellants owed DOT-A a total of $264,994.99 in unpaid landing fees. Appellants paid a portion of this amount under protest. Appellants also filed a lawsuit and sought temporary and permanent injunctions preventing DOT-A from imposing additional fees and a declaration that an administrative rule of DOT-A was invalid to the extent it established the rate of landing fees at the airfield. The Hawaii Supreme Court disagreed with Appellants stating that DOT-A has the authority to impose and set landing fees at Dillingham Airfield. Haw. Rev. Stat. § 261-12(a) does not preclude DOT-A from doing so through its procedures, which DOT-A may adopt through less stringent requirements than rules under chapter 91. It would be inconsistent with the policy behind Haw. Rev. Stat. § 261-7(e) to permit DOT-A to impose landing fees at Dillingham Airfield pursuant to a procedure and yet invalidate the procedure just because it refers to the Hawaii Administrative Rules for a method of calculating the fee. Accordingly, it is not reasonable to presume that the legislature intended for DOT-A to be precluded from referring to the Haw. Admin. R. for the specific rates of the landing fees. 24 September 2015

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Appeal Pointers

A stipulation to dismiss an appeal or a motion for voluntary dismissal of an appeal will not be approved by the appellate court unless the stipulation or motion complies with the requirements of HRAP 42.

Appeals

Bailey v. Duvauchelle, No. SCWC-14000883, June 29, 2015, (Recktenwald, C.J.). In Jenkins v. Cades Schutte Fleming & Wright, the Hawaii Supreme Court set forth principles for determining whether an order or other decision of the circuit court is appealable. This case required the Hawaii Supreme Court to determine whether an order deciding a motion that was purportedly filed pursuant to HRCP Rule 60(b) is appealable, where the underlying ruling from which the party sought Rule 60(b) relief was not appealable. The Hawaii Supreme Court held that such an order is not appealable. Arbitration

In re Grievance Arbitration Between State of Hawaii Organization of Police Officers(SHOPO) and County of Kauai— Hawaii, No. SCWC-12-0000077, June 29, 2015, (Pollack, J.). The County of Kauai and Kauai Police Department (the Employer) filled five police sergeant positions in 2007 through internal promotions. The State of Hawaii Organization of Police Officers (SHOPO) challenged the non-promotions of three police officers through the grievance procedures of the collective bargaining agreement governing the parties. When the parties were unable to resolve the grievances, the matter was submitted to arbitration for final determination. After finding that the promo-

tions were subjective, arbitrary, and capricious in violation of the collective bargaining agreement, the arbitrator awarded the three officers promotions and back pay. The circuit court found that it was beyond the scope of the arbitrator’s authority to award promotions and vacated the arbitrator’s remedy. The principal issue was whether it was proper for the circuit court to vacate the arbitrator’s remedy. In re Arbitration of Nordic PCL Constr., Inc. v. LIPHGC LLC, No. SCWC-110000350, July 23, 2015, (McKenna, J.). Appellant appealed a final Arbitration Award. On appeal, the ICA ruled that the Arbitrator’s failure to disclose various relationships with the law firms of Appellee’s attorneys established a reasonable impression of partiality requiring vacatur of the Arbitration Award. The “evident partiality” bases for vacatur alleged by Appellee presented various questions of disputed material facts. The circuit court did not conduct an evidentiary hearing and render findings of fact and conclusions of law in support of granting or denying a motion to vacate the Arbitration Award. Because the circuit court did not explain the basis of its rulings on the record or enter findings of fact or conclusions of law, the Hawaii Supreme Court was unable determine whether the circuit court erred in denying Appellant’s motion to vacate. Thus, the factual and/or legal bases upon which the circuit court denied the motion to vacate were unascertainable. Because the Hawaii Supreme Court was unable to determine the grounds on which the circuit court based its decision, it was unable to appropriately review the circuit court’s ruling.

Criminal

State v. Vaimili, No. SCWC-12-0000115, June 29, 2015, (McKenna, J.). Appellant challenges Appellee’s pleading of the charges against him in the disjunctive and the circuit court’s conducting trial in absentia, presenting four issues on certiorari: 1. Whether the ICA gravely erred in holding that the charges against Appellant were not defective where they were phrased in the disjunctive? 2. Whether the ICA gravely erred in holding that Appellant’s counsel was not ineffective for failing to challenge the charges as defective where they were phrased in the disjunctive? 3. Whether the ICA gravely erred in holding that the proceedings in this case “commenced” for purposes of Hawaii Rules of Penal Procedure Rule 43 when the process of jury selection begins? 4. Whether the ICA gravely erred in holding that the circuit court did not violate Vaimili’s constitutional right to be present where it proceeded to trial in his absence? The Hawaii Supreme Court concluded that: 1. The State’s charging of multiple “distinct and separate” acts using disjunctive language is permissible as long as use of the disjunctive is confined to address “similar or analogous forms of conduct” contained in a single subsection of a statute; in this way, the alleged acts are reasonably related, and each of those separate acts can be ascertained. 2. Appellant was voluntarily absent from his trial. State v. Phua, No. SCWC-110000686, June 30, 2015, (Pollack, J.; Nakayama, J. with Ochiai, J., dissenting). This case concerns the right of a defendant to be represented by counsel during criminal proceedings and the importance of ensuring that a waiver of this right is made knowingly, intelligently, and voluntarily. Appellant attended his sentencing hearing without his lawyer, 26 September 2015

HAWAII BAR JOURNAL

and after a brief colloquy, the district court found that he validly waived his right to counsel and imposed sentence. The Hawaii Supreme Court concluded that the record does not support a finding that Appellant’s waiver of counsel was knowingly and intelligently made. Nakayama, J. joined by Ochiai, J., dissented, concurring with the Majority insofar as Appellant’s waiver of his right to counsel prior to sentencing was not knowing and intelligent. The dispositive factor for Nakayama, J. was that the district court failed to advise Appellant of the range of punishments that he then faced. This information is an irreducible minimum for a valid waiver during sentencing and it must appear on the record. Moreover, Nakayama, J. did not agree with the Majority’s conclusion that the district court failed to sufficiently inquire into Appellant’s background or that it failed to sufficiently inform Appellant of his right to counsel and she would also hold that Appellant’s right to allocution was not violated. Civil Procedure

Tagupa v. VIPDesk, No. SCWC-130002084, June 29, 2015, (Pollack, J.). At issue in this case is the authority of a trial court to condition the voluntary dismissal of a complaint upon the plaintiff ’s payment of the defendant’s attorney’s fees and costs. The Hawaii Supreme Court held that such authority exists under the Hawaii District Rules of Civil Procedure Rule 41(a)(2), but it is subject to certain procedural requirements. Additionally, the exercise of this authority must comport with equitable factors to accord substantial justice to the parties. Insurance

St. Paul Fire and Ins. Co. v. Liberty Mutual Ins. Co., No. SCCQ-14-000727,

June 29, 2015, (Wilson, J.). The United States District Court for the District of Hawai‘i1 (district court) certified the following question: May an excess liability insurer bring a cause of action, under the doctrine of equitable subrogation to the rights of the insured, against a primary liability insurer for failure to settle a claim against the mutual insured within the limits of the primary liability policy, when the primary insurer has paid its policy limit toward settlement? The Hawaii Supreme Court modified the certified question slightly to hold that an excess liability insurer can bring a cause of action, under the doctrine of equitable subrogation, against a primary liability insurer who in bad faith fails to settle a claim within the limits of the primary liability policy, when the primary insurer has paid its policy limit toward settlement.

Intermediate Court of Appeals Real Property

Gold Coast Neighborhood Assoc. v. State, No. CAAP-14-0000472, June 30, 2015, (Foley, J.). These cases sought declaratory relief as to the ownership of a certain stretch of dilapidated seawalls. Appellant contends that the circuit court lacked jurisdiction and erred on the merits, and the Appellee contended that it should have been awarded its attorneys’ fees. The ICA concluded that: (1) Appellant’s jurisdictional claim was without merit; (2) Appellant had a duty to maintain the seawall as a public walkway because it acquired an easement by implied dedication for that purpose; and (3) Appellant’s consent was not required to establish an easement by implied dedication or a public highway by surrender.

HSBA BOARD 2016 CANDIDATES (Ed. Note: No substantive edits were made to the position statements of the candidates.)

Brief biographies of the candidates running for a position on the HSBA Board follow. Please watch for your online ballot coming in mid-late September. VICE PRESIDENT CANDIDATES Lisa Bail

Howard Luke

It is an honor and privilege to be nominated for the office of HSBA Vice President, and I humbly request your support in the upcoming election. As an attorney with Goodsill Anderson Quinn & Stifel LLP for more than twenty years, my practice areas include environmental law, land use and commercial litigation. The complex and unique Hawaii issues in my practice are challenging and fascinating. Although primarily focused on environmental litigation, my work also encompasses real estate and corporate transactions which has allowed me to work with a diverse cross section of our legal community. I currently serve as leader of Goodsill’s business litigation practice group. A community prospers from a fair and equitable justice system, accessible to all. The continued contributions of HSBA and the broad spectrum of its respected members is an important foundation of such a system. As Vice President I would support and grow these contributions. Our Bar is in a time of transition with several of our prominent and respected attorneys and mentors growing closer to the end of their careers. As has been my personal goal within the Goodsill firm, as Vice President I would mentor attorneys at the outset of their careers on the values and professionalism that have well served our legal community. Actively integrating and involving attorneys at all different seniority levels supports the Bar’s goal of promoting the integrity and competency of Hawaii lawyers, and also the continued prosperity of a community based on a sound system of justice. I have been an active volunteer with the HSBA, serving as Chair of the HSBA Natural Resources Section, and as founding Chair of the now large and thriving Litigation Section. Initially in my role as Chair of the Litigation Section and for several years thereafter, I have been involved with the annual Bench-Bar conferences. I am also an active member in the Appellate Section, have published articles on environmental law in the Hawaii Bar Journal, and am an author for sections of HSBA’s landlord tenant manual and its appellate practice manual. At the nomination of then Chief Judge Ezra, I served as lawyer representative to the Ninth Circuit Judicial Conference from 2005 to 2008. I have been recognized in Chambers USA and most recently named by Best Lawyers® as the 2015 Litigation – Environmental “Lawyer of the Year” in Honolulu. Also an active member of the ABA Section of Environment, Energy and Resources, I have written articles for ABA publications and presented at ABA conferences. I volunteer my time with several other nonprofits, serving on the Administration Committee of the American Judicature Society, a nonpartisan organization addressing the administration of justice. I also volunteer as a board member of Smart Trees Pacific, a nonprofit supporting a diverse and healthy urban tree canopy. Thank you for taking the time to consider me as a candidate for HSBA Vice President.

I am deeply honored to have the opportunity to serve as your next Vice President. I believe the best way to accomplish our mission statement – “to unite and inspire Hawaii’s lawyers to promote justice, serve the public, and improve the legal profession” — is to begin by listening to all sectors of our bar. As members of the HSBA family, we are the sole practitioners, partners and associates of small, medium, and large private firms, government attorneys, lawyers working for non-profits, and members of the state and federal judiciary. We are the promising, newly admitted men and women, and the tried and true veterans of our legal community. We come from all islands of our uniquely blessed state. The concerns and ideas of all must be respected and embraced. I have been privileged to serve our legal community the past four decades. My service includes board memberships with the HSBA (19981999; 2000-2001; 2003-2004; 2005-2006), the Hawaii Supreme Court Disciplinary Board (1995-2001), and the Legal Aid Society of Hawaii (2003-present). I have been an adjunct professor of Trial Advocacy at the William S. Richardson School of Law. I continue to serve our law school through moot court, mentoring law students, and in conjunction with the biannual Supreme Court Mandatory Professionalism Course, and as a co-dean of the HSBA-sponsored Hawaii Trial Academy. I have presented workshops with judges and lawyers, and have given demonstrations involving expert witness testimony at the American Bar Association Annual Convention, the Hawaii State Commission on the Status of Women, and the National Academy of Neuropsychology. Recently, I was a panelist at the ODC Hearing Committee Training Seminar. Currently, I am pro bono trial counsel with the Native Hawaiian Legal Corporation in a federal class action lawsuit. I attended public schools in Honolulu, then served on active duty in the army between 1964 and 1967. I graduated from the University of California, Berkeley in 1972, and the University of San Francisco Law School in 1977. I was a Fair Hearing Officer with the State of Hawaii (1977-1978). In 1978, I became the first law clerk for the U.S. District Court of the Northern Mariana Islands. In 1981, I returned to Honolulu to be a deputy prosecuting attorney. I tried major felony offenses and eventually became the felony trials training supervisor. In 1988-1989, I worked for Schutter & Glickstein, handling wrongful death, products liability, and other civil cases. In 1989, I opened my law office. I have held an AV-Preeminent Rating from Martindale-Hubbell for the past 23 years. In 2014, I was named Lawyer of the Year in NonWhite Collar Criminal Defense by the Best Lawyers in Hawai‘i. In 2015, I received the same recognition in White Collar Criminal Defense. I have been a Lawyer Representative for the U.S. District Court of Hawai‘i and for the Ninth Circuit Court of Appeals. I am a Fellow of the American College of Trial Lawyers. With much aloha, I respectfully ask that you consider me to serve as your next Vice President. September 2015

HAWAII BAR JOURNAL

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TREASURER CANDIDATE

DIRECTOR CANDIDATE: WEST HAWAII

DIRECTOR CANDIDATES: OAHU

Mark Motojuro Murakami Hawaii Bar Admission: 1999. S. William Richardson School of Law: 1999. Military Service: USCG: 1992-2005; USCG Reserve: 2005-present (current rank: Captain). Employment: Damon Key Leong Kupchak Hastert: 2005-present (Director). Pro Bono: HSBA treasurer: 2015, 2014; HSBA director: 2012-2013; Good Beginnings Alliance: 2011-present (President: 2014present); Access to Justice volunteer: 2012-present; Legal Aid Society of Hawaii pro bono attorney: 2009-present. My primary focus will be to ensure the financial strength of the HSBA and accountability to the members.

Carol Kitaoka

R. Brian Black

For the next two years, I will coordinate CLE and MCLE seminars, brown bag trainings with the judges, and other seminars that the WHBA requests. I will continue to work with the Judiciary and the WHBA on the Kona Judiciary Complex. I hope to work closely with the WHBA on Young Lawyers Division, Senior Counsel Division, and HSBA projects. I also hope to encourage volunteerism for the Self Help Desk and expand it to a Self Help Center.

It has been a pleasure to serve the last several months on the HSBA Board, and I would like to continue to represent the diversity of our profession. I am the Executive Director of the Civil Beat Law Center for the Public Interest. When I first returned to Hawaii, I worked for the City and County of Honolulu as a Deputy Corporation Counsel. Before that, I was a litigation partner in the New York office of Hogan Lovells. As a director, I would continue HSBA’s efforts to advance the quality and civility of the Hawaii bar. Mahalo for your consideration.

SECRETARY CANDIDATE Russ Awakuni Russ Awakuni manages the Legal Aid Society of Hawaii, Leeward office and received his law degree from Loyola Law School. He is the current Secretary to the HSBA Board and is a past Director of that Board. He was also a past President, Vice-President, and Director of the Young Lawyers Division. His time with the Access to Justice Commission’s sub-committee on Overcoming Barriers to Access to Justice since 2009 has fueled his desire to give back to the profession and to bring to the board a non-profit attorney’s perspective. He hopes to continue to serve as Secretary of the Board.

30 September 2015

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DIRECTOR CANDIDATE: KAUAI Emiko Meyers Admitted in 2005, I worked at the Legal Aid Society of Hawaii - Kauai Office from 2003-2013 as an Americorps Attorney and then as Managing Attorney (2006-2013). In 2014, I became a solo practitioner in Family Law. I participated in the HSBA Leadership Institute in 2010-2011. I was the KBA President in 2014. I serve on the Delivery of Legal Services to the Public committee. I helped found the Self-Help Center on Kauai. I am dedicated to the furtherance of our profession. My intent as the Kauai Director would be to ensure that Kauai’s interests are represented at the HSBA.

Rebecca A. Copeland Rebecca A. Copeland is a solo appellate practitioner. During her current term as an Oahu Director of the HSBA, Rebecca assisted in the coordination of local attorneys as part of the Hawaii Supreme Court’s Courts in the Community Program. She is also a Board Member of the City and County of Honolulu’s Zoning Board of Appeals and the Hawaii LGBT Legacy Foundation, and is a Member of the Hawaii Supreme Court’s Commission on Professionalism. Rebecca founded the HSBA’s Appellate Section, and served as the Section’s Chair for two years.

Karin Holma

Gregory Kugle

Karin Holma is the Managing Partner at Bays Lung Rose & Holma, where she has been a construction and litigation lawyer for 23 years. Named Best Lawyers in America® in Construction Law and in Construction Litigation for several years, and is a “Super Lawyer” in Business Litigation and in Construction Litigation. Commissioner on the Planning Commission of the City and County of Honolulu, 2005-2011. Building Industry Association of Hawaii, Board of Directors, 2002-2012. HSBA Director, 2013-present; founding board member of HomeAid Hawaii, a non-profit created by local building industry and community partners to provide assistance to address homelessness in Hawaii.

I am a Director of the Damon Key firm, where I’ve worked since 1995, after graduating from the William S. Richardson School of Law. I’ve been active in the HSBA Real Property and Financial Services Section, having served as an officer and director, including serving as Chair in 2009. I am on the board of Make A Wish-Hawaii, and I have also served on the boards of Honolulu Theatre for Youth, CCIM and Meritas Law Firms Worldwide . If elected, I will be an advocate for the sections, which are the heart and soul of the HSBA.

Kristin Izumi-Nitao I am honored to be considered for the position of a HSBA director. I am the Executive Director of the Campaign Spending Commission. Previously, I worked at the Attorney General’s Office in the Administration Division advising the Employees' Retirement System, and the Criminal Justice Division as the administrator for the Internet Crimes Against Children Task Force. I have volunteered on various non-profit community organizations and was elected to serve on an international governmental and ethics board. Respectfully, I would like the opportunity to serve HSBA to be involved at a local level in shaping the future of this professional organization.

Mei-Fei Kuo I am the Assistant General Counsel at Carlsmith Ball LLP. I am currently a Director on the HSBA Board and I am running for a second term to continue my service to the HSBA and its members. I previously held various leadership positions within the HSBA, including Chair of the Natural Resources Section and Co-Chair and Fellow of the Leadership Institute Program. For the past few years, I have been on the planning committee for the HSBA Annual Fundraiser Dinner. My goal is to promote greater HSBA involvement and visibility in our community. Thank you for your consideration. Lisa Munger I am with Goodsill Anderson Quinn & Stifel and have been a member of the Hawaii bar since 1985. I am an author of the HSBA’s Federal Appellate Practice Manual and a member of the

Litigation and Natural Resource sections. I am active in national organizations in my practice areas, environmental law and civil litigation. I would like to support the HSBA’s ongoing efforts to foster bench-bar communication and to support the judiciary. I am particularly interested in the Board’s role in reviewing judicial nominees and would work to make the process less subject to criticism. Mark K. Murakami I am Mark K. Murakami and was admitted to HSBA in 1987. I was elected to the Board in 2015 and am looking forward to continuing to work for the HSBA if re-elected for another term. I have been actively involved in a complex real estate practice at Carlsmith Ball LLP for over 25 years. My community involvement includes many years of service on boards such as: BBB Foundation, BBB, Boys & Girls Club (Spalding), and the Committee on Overcoming Barriers to Justice. My experience can be put to good use on the HSBA Board. Please vote for me. Elmira Tsang I am a Deputy Attorney General for the State of Hawaii, and worked in private practice for 11 years. I graduated from the William S. Richardson School of Law in 2000 and have had the privilege of serving Hawaii’s legal community as a member of the HSBA’s Finance, Technology, and Continuing Legal Education Committees, and as an ad hoc board member of the Government Lawyer’s Section. As a director, I will work to ensure that the HSBA serves the interests of its membership, encourages the participation of its membership, and operates with transSeptember 2015

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parency and accountability. Mahalo for your consideration and support. HSBA/ABA DELEGATE CANDIDATE James Kawachika It has been my honor and privilege to represent you in the ABA House of Delegates and I gratefully ask for your continued confidence in continuing my work there. I have served by appointment of three separate ABA Presidents on the ABAâ&#x20AC;&#x2122;s Standing Committees on Ethics and Professional Responsibility and on Professional Discipline and have thereby been at the table to debate on your behalf the emerging ethics issues of the day. I intend to bring back and share with you these and other matters of importance to lawyers everywhere, but especially in Hawaii.

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HAWAII BAR JOURNAL

Ethics Requirement under Supreme Court Rule 22

Every active Hawaii-licensed attorney is required to complete one hour of approved ethics or professional responsibility education every three years. RSCH Rule 22(b). â&#x20AC;&#x153;Ethics or professional responsibility educationâ&#x20AC;? means those courses or segments of courses devoted: â&#x20AC;˘ the Rules of Professional Conduct â&#x20AC;˘ the professional obligations of the attorney to the client, the judicial system, the public, and other lawyers; â&#x20AC;˘ substance abuse and its effects on lawyers and the practice of law; or â&#x20AC;˘ client trust administration, bias awareness and prevention, and access to justice. Please refer to Supreme Court Rule 22 for more information on the mandatory continuing legal education (â&#x20AC;&#x153;CLEâ&#x20AC;?) requirements. There are only three CLE credits required annually for active Hawaii attorneys.

2016 YLD Elections VICE PRESIDENT Trejur P. Bordenave Last year, I moved back home after attending law school in Southern California and working for nearly two years in one of the nation’s top personal injury and commercial litigation law firms. As soon as I arrived home, I sought out opportunities with the YLD such as law week and socials. While working with two established attorneys on Oahu, I also launched my own firm specializing in tax disputes and commercial litigation. Thus, I would like to continue to offer my skills and experience to the YLD as the Vice President. As the Vice President, I would like to continue bringing positive opportunities to Oahu’s young attorneys, as well as actively engaging the public throughout my tenure. Mahalo for your support.

Commission’s Committee on Increasing Pro Bono Services. She would be honored to serve as the YLD Secretary. TREASURER Ryan Loeffers My name is Ryan Loeffers, and I am very excited for the opportunity to run as treasurer for a second term. I am an alumnus of the University of Hawaii at Manoa, where I received my Master of Accounting degree from the Shidler College of Business, and my J.D. from the William S. Richardson School of Law. I have also received an LL.M. in taxation, with a focus in employee benefits, from Georgetown University Law Center. I work in private practice as an associate at ES&A, Inc., focusing on employee benefit plan and nonprofit organization compliance. Together with the other officers and directors, I hope to continue and expand the great opportunities that the YLD has to offer.

SECRETARY

OAHU DIRECTOR

Catherine A. Taschner Catherine Taschner is an associate in the transactional department at McCorriston Miller Mukai MacKinnon, and previously served as a law clerk to the Honorable Lawrence M. Reifurth at the Intermediate Court of Appeals. She received her JD from the William S. Richardson School of Law in 2011, as well as a certificate in Pacific Asian Legal Studies. Cat is passionate about pro bono services and increasing access to justice, and serves as the Vice President of the Business Law Corps, the co-Pro Bono Coordinator at M4, and is a member of the Access to Justice

Morgan L. Early

34 September 2015

HAWAII BAR JOURNAL

Morgan is excited to be running for a position on the YLD Board. After an internship with Alston Hunt Floyd & Ing during her third year of law school, Morgan moved to Hawai`i permanently and became an associate in the firm’s healthcare practice group. This year she has engaged in the community by serving on the Committee for YLD’s Junior Judges program and the Development Committee for the Waikiki Community Center. Before attending law school, she worked as the Director of a learning center for elementary school kids and traveled to Tanzania to teach

HIV/AIDS education. She also served for two years on the Board of the Equal Roots Coalition, an organization committed to grassroots social justice projects in Los Angeles. She is especially interested in serving on the YLD Board because of its youth programs focused on education and mentoring. A grassroots activist at heart, she hopes to become part of the YLD team. Noah H. Gibson After graduating from UH Law School, I was a law clerk for Judges Michael Town, Steven Alm, and now Supreme Court Associate Justice Michael Wilson. I then became a Public Defender in Kona, and was the West Hawaii YLD representative. I returned to Oahu as a litigation attorney for the City & County of Honolulu Corporation Counsel before starting with the Coates & Frey Family Law Firm. As a former YLD board member, I know how much good the board has done; and if elected to the YLD board, I will use my past experience and energy to continue the great work that the YLD does to represent the needs and voices of young lawyers in Honolulu, while at the same time serving those who desperately need access to justice. Christilei Hessler I earned a Bachelor of Arts in philosophy and political science from Santa Clara University in 2009 and a Juris Doctor from William S. Richardson School of Law in 2013. I am currently clerking for the Honorable Rom A. Trader at the State of Hawaii First Circuit Court. While in law school, I served as student liaison on the YLD board. As student liaison, I saw first-hand how many

opportunities YLD provides for young lawyers to serve persons outside the legal community while also hosting events for young lawyers to meet one another and have fun. I am interested in running for a YLD Director position so that I can help organize and expand these events.

am a 2011 graduate of the William S.

Liza R. H. Onuma

Richardson School of Law and am hon-

I graduated from C r e i g h t o n University School of Law. Prior to school, I law obtained a Master of Business Adminis-tration and Bachelor of Arts in Communication at Hawaii Pacific University. During law school, I was a law clerk at the Department of the Prosecuting Attorney and Legal Aid Society. I also was a Senior Certified Law Student for the Community Economic Development Clinic at Creighton University. Thereafter, I continued my employment at the Department of the Prosecuting Attorney as a Deputy Prosecuting Attorney. Currently, I am a Staff Attorney at the Office of Information Practices for the State of Hawaii. The YLD provides many opportunities for professional growth and development. It also intertwines personal growth with community outreach. Throughout my academic and professional career, developing myself to serve my community has been my interest. Serving as a board member will further this interest.

ored to currently serve on the Board of Directors for the law school’s Alumni Association.

Prior to law school, I

obtained my BBA in Accounting and Master of Accounting degree from the

Jamila E. Jarmon

University of Hawaii at Manoa. I am

I am a proud graduate of the William S. Richardson School of Law (2010). I have worked with nonprofit organizations in the areas of domestic violence, poverty law, and children’s health. For the past three years, I have been an Associate with the Porter McGuire Kiakona & Chow, LLP law firm. I have had the privilege of serving as an Oahu Director for the past two years. In those two years, I have had the opportunity to work with the community by participating in Law Day and Legal Lines to provide legal information to the public and coordinated the High School Mock Trial Competition. Most of all I have enjoyed my role as Chair of the Socials Committee. I enjoy creating opportunities for young lawyers to make connections and reconnect with other professionals in a relaxed setting. The Young Lawyers Division is committed to community service and promoting the legal profession within our community. I hope to continue my role as an Oahu Director and positively contribute to the HSBA community, as well as, the community at large.

interested in serving as a Director for the Young Lawyer’s Division in order to promote professional development and camaraderie among members of the Young Lawyers Division and to develop new and exciting opportunities for increasing access to justice for members of our community.

If elected, I will

serve my fellow members of the Young Lawyers Division, the Hawaii Bar, and community with enthusiasm and diligence. Justin Y. Murakami My name is Justin Murakami,

and

respectfully request your support to serve as a member of the YLD’s

Board

Directors.

of will

work tirelessly for the YLD membership to encourage greater participation and advance the causes of social justice and public service in our community. I was born and raised in Honolulu, attended Iolani

School,

the

University

Pennsylvania, and Temple University Law School, and was admitted to the

Summer H.M. Kaiawe

Hawai‘i Bar in 2010. As a health care

My name is

industry attorney, I worked for HMSA as

Summer Kaiawe, and

a fraud investigator and business analyst

I am an associate with

from 2010-2014 and am currently

Watanabe Ing, prac-

employed at Hawai‘i Pacific Health as a

ticing in the areas of

policy researcher and government rela-

commercial litigation,

tions liaison for two victims’ services pro-

intellectual property,

grams, the Sex Abuse Treatment Center

and land use and environmental law. I

and the Child Protection Center.

Trevor N. Tamashiro My name is Trevor N. Tamashiro, and I am excited about the opportunity to serve as a Director for the Young Lawyers Division on the island of O`ahu. I am an alumnus of the University of Hawaii at Manoa, where I received by J.D. from the William S. Richardson School of Law and M.B.A. from the Shidler College of Business. I work in private practice as an Associate Attorney at Ogomori & Yoshimoto, LLP, focusing on commercial and construction litigation. In my free time, I participate as an athlete on The Running Room’s Race September 2015

HAWAII BAR JOURNAL

Team, and enjoy surfing, hiking, and yoga. Together with the other directors and officers, I look forward to expand on the great opportunities that the YLD has to offer. Thank you. Carolyn M. Voulgaridis Carolyn Voulgaridis is an associate in the Litigation Department of Cades Schutte. Ms. Voulgaridis obtained her Bachelor of Science degree in Nursing from Excelsior College and received her law degree from the William S. Richardson School of Law, University of Hawai`i. As a law student, Ms. Voulgaridis worked pro bono and as an extern in the area of Health Law where she gained experience working with hospitals, physicians, and other health organizations on matters such as certificate of need, risk management, HIPAA, Stark Law, and health care provider contracts. Carolyn is certified in Healthcare Compliance by the Health Care Compliance Association. Prior to law school, Ms. Voulgaridis was the Clinical Research Nurse Coordinator for the Division of Cardiology at Albany Medical College. Ms. Voulgaridis also worked as a registered nurse in the specialty areas of Clinical Research, Emergency Care, Post-surgical Care, and Intensive Care. She is a member of the Hawaii State Bar Association and the American Bar Association. She is admitted to practice before all Hawaii courts and the United States District Court for the District of Hawaii.

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evorSommerset K.M. Wong My name is Sommerset Wong, and I am an associate attorney at Damon Key Leong Kupchak Hastert.

I am an

advocate for tactical progress and passionate about keeping our generation involved in the decisionmaking of the Hawaii State Bar Association (HSBA). As a member of the Young Lawyer’s Division (YLD) Board of Directors, I would be committed to advancing ideas and initiatives that are paramount to up and coming lawyers. I believe that our involvement and influence in HSBA today will help to cultivate a dynamic association for our future. I am equally interested in continuing YLD’s commitment to community service, participating in activities that impact people and effect change. I am a 2014 graduate of the William S. Richardson School of Law, where I served as Executive Editor of the University of Hawaii Law Review, a class representative on the Student Bar Association for three years, and a member of the Native American Moot Court Team. I was also active with the Hawaii Innocence Project, serving as both a volunteer case manager and teaching assistant. I am a current Director on the Kamehameha Schools Alumni Board and served as Secretary of the University of Hawaii Regents Candidate Advisory Council. As the legal landscape continues to evolve, it would be an honor to represent Hawaii’s young lawyers and advance our common goals.

WEST HAWAII DIRECTOR Clayton R. Leonard Clayton is an associate attorney with Darl C. Gleed & Associates, LLLC in Kailua-Kona. His areas of practice include estate planning, probate and trust administration, real property, and business law. Clayton enjoys serving his community and is a member of the Rotary Club of Kona. He has presented on topics of judicial foreclosures, probate, and actions for quiet title to local real estate investment groups and has given free educational seminars to the community on limited liability companies. He is also a member of WealthCounsel, a nationwide network of estate planning attorneys. In addition to attending the University of California at Berkeley, Clayton graduated from Brigham Young University in Provo, Utah. He received his Juris Doctor degree from the University of Toledo College of Law. In his spare time, Clayton enjoys golfing, hiking, crossfit, camping, paddle-boarding, surfing, scuba- diving, and cage diving with great white sharks in Mexico. J. Porter DeVries J. Porter DeVries began his legal career at the Wall Street firm Segal Gebski, where he represented clients in the areas of construction, business, real estate, and international trade. In 2013, Porter co-founded DeVries & Associates, P.C., which focuses on business, real estate, and community association law. The firm represents proactive boards, businesses, and individuals to develop and execute

strategic, goal-oriented solutions. Porter graduated Phi Beta Kappa with High Distinction from Penn State University with a degree in Environmental Political Economy. He studied at the Beijing Foreign Studies University, focusing on language and economics. Porter earned his juris doctor cum laude from Pace University School of Law, where he was an editor of the Green Law Journal. Porter is a member of the West Hawaii Bar Association, Hawaii State Bar Association, American Bar Association, and New York State Bar Association. He serves on the Board of Directors for Kuleana Education, Inc., and the Friends of the Children of West Hawaii, Inc. Porter is the Chairman of the Economic Development Committee of the Kona-Kohala Chamber of Commerce. MAUI DIRECTOR

Attorney at at Law Law Patrick W. Border Attorney • • • • • •

Ph: (808)

523-1234

Mediation, Arbitration Hearings and Special Master Experienced Negotiator Resolving Disputes Promptly 40 years experience with over 250 Jury Trials 10 years experience as a Circuit Court Judge Business Disputes, Personal Injury, Product Liability, Contracts

• Email: borderp001@hawaii.rr.com

Yamamoto Caliboso is pleased to announce that

Andrew V. Nelson has joined the firm as an Associate.

Brandon M. Segal Aloha - I am a 2009 graduate of UH. I clerked for Chief Judge Nakamura with the ICA and then joined Alston Hunt Floyd & Ing, where I practiced commercial litigation for three years and was lucky enough to participate in some important public interest / pro bono matters. I am currently the District Court Supervisor at the Maui Prosecutor’s Office. I’m working with other lawyers and judges in establishing an Appellate Pro Bono Pilot Project, and I serve as a board director on the Maui Police Activities League. I want to encourage Hawaii’s attorneys, especially the younger members, to participate in public service and promote access to justice, and for those reasons I am highly interested in serving as a member of the YLD Board. Thank you.

Andrew will be practicing in the areas of real estate, finance and energy law. Prior to joining Yamamoto Caliboso, Andrew served as an associate attorney at a large Honolulu law firm where he practiced real estate, finance and land use law. Andrew received a Bachelor of Arts degree from Harvard University and later graduated summa cum laude from the William S. Richardson School of Law at the University of Hawai‘i at Manoa.

Yamamoto Caliboso is a boutique and growing law firm offering quality legal representation in the areas of real estate, finance, business, utilities, telecommunications and energy law.

Dean T. Yamamoto - Managing Member 1099 Alakea Street, Suite 2100, Honolulu, HI 96813 Phone: 808.540.4500 • www.ychawaii.com

September 2015

HAWAII BAR JOURNAL

OFF THE RECORD L. Richard Fried, Jr. was appointed as the new chairman of the Hawaii Tourism Authority (“HTA”) board of directors. Fried served on the HTA board since 2012 and is a founding member of Cronin, Fried, Sekiya, Kekina & Fairbanks. Suemori Ota & Hara announced the formation of their new law firm: Jay T. Suemori is the managing partner. He was previously the sole shareholder of Suemori and Associates. William N. Ota is a partner and co-founder of the new firm. He was formerly a partner at Marr Jones & Wang for eight years. Leighton M. Hara is a partner. Hara was previously a partner also at Marr Jones & Wang for six years. The “Green Team” won the Championship in the Hawaii Lawyer’s Basketball League by beating Big Subpoenas. The Green Team is Casey Hines, Jeff Sia, Bob Mash, Andrei Plotnick, Todd Eddins, Michael Van Dyke, Dave Gruebner, Trisha Nishimoto, Todd Apo, Sergio Rufo, Tom Bush, Dexter Kaiama, and Tom Helper. Michael Colon was named director of New Customer Initiatives at Hawaiian Electric Company. Michael’s appointment began in June. Marti Townsend was appointed director of the Sierra Club Hawaii Chapter. She is the former executive director of the Outdoor Circle and is also a former program director for KAHEA: The Hawaiian-Environmental Alliance. Toby J.T. Yamashiro joined the Carlsmith Ball law firm as an associate in the Environmental Practice Group and Real Property section. Jacy Youn was appointed Kauai area executive director of the Boys & Girls Club of Hawaisii. She is responsible for resource and board development, establishing strategic alliances with the community and with civic officials, and supervising the Kauai team. The Hawaii County Bar Association awarded its annual scholar38 September 2015

HAWAII BAR JOURNAL

ship to Kamehameha Schools Hawaii graduate, Conrad Salboro. Salboro is bound for University of Nevada at Las Vegas in the fall. Chief Justice Mark Recktenwald presented remarks and the certificate and award. The lunch was held on June 30 at the Hilo Yacht Club. Chief Justice Recktenwald and Judge Ronald Ibarra also acknowledged the following volunteers for their service with the Hilo Self Help Center over the past year: Francis Alcain, Lincoln Ashida, Ryan Caday, Harry Eliason, Dakota Frenz, Stephen Frye, Belinda Hall, Douglas Halsted, Paul Hamano, Raymond Hasegawa, Justin Haspe, Charles Heaukulani, William Heflin, Ted Hong, Kay Iopa, Alan Konishi, Michelle Kanani Laubach, Laureen Martin, Louis Mendonca, Jeffrey Ng, Jennifer Ng, Michelle Oishi, Mirtha Oliveros, Melody Parker, Jill Raznov, Joy San Buenaventura, Gail Sandstrom, Christopher Schlueter, Albert Thompson, Jennifer Wharton, Zachary Wingert, J Yoshimoto, Jennifer Zelko-Schlueter. Scott Prange, Lori Stibb, and Annie Okazaki joined Alston Hunt Floyd & Ing. Prange is an associate attorney and provides strategic counsel and representation for all types of employers. He is a graduate of the William S. Richardson School of Law (“University of Hawaii Law School”). Stibb is an associate attorney who has experience in insurance law, criminal law, real estate law, banking and financial litigation, and foreclosure actions. She received her J.D. from the University of Mississippi. Okazaki is an associate who will focus on the firm’s transactional projects. She received her J.D. degree from the University of Hawaii Law School. Jan Boivin has been promoted from Associate General Counsel and Chief Equity Officer to Associate Vice

President, Compliance/Administration & Associate General Counsel at Hawaii Pacific University. Daniel J. Padilla joined Carlsmith Ball as an associate in the firm’s Honolulu office. He is a member of its Corporate and Business and Real Estate, Land Use, and Hospitality sections. He received his law degree from the University of Hawaii Law School. Before law school, Padilla enjoyed a long and successful career in music. He performed as a member of the Honolulu Symphony for nearly a decade, served as Director of Orchestras at the University Laboratory School, and taught as a Lecturer at Chaminade University. News for “Off the Record”

Please send in information about movement within the bar, about elections to various boards, awards, and other news to any one of the editors on the editorial board, Carol K. Muranaka at <carol.k.muranaka@gmail.com> or Cynthia M. Johiro at <Cynthia.M. Johiro@hawaii.gov>. Articles Wanted

If you are interested in writing either a short or long article of general interest to members of the bar, please send your submissions to Ed Kemper at edracers@aol.com; Cynthia M. Johiro at cynthia.m.johiro@hawaii.gov; or Carol K. Muranaka at carol.k.muranaka@ gmail.com; or to any of the volunteer editors on the editorial board. All submitted articles should be of significance to and of interest or concern to members of the Hawaii legal community. A short article is between four and eight pages, double-spaced, approximately 500 to 1,500 words. The longer law-review type articles are published in a special issue. The Cades Foundation has been gracious and generous in funding this special issue. These articles exceed 4,500 words. The Hawaii Bar Journal reserves the right to edit or not publish submitted material.

ATTORNEY WANTED

JAPANESE DOCUMENT REVIEW

CENTRAL PACIFIC BANK seeks to hire an

Locally licensed corporate transactional

in-house attorney to support the Bank's

attorney available for Japanese-to-English

commercial lending areas. Further details on

document translation or synopsis. B.A. East

this Legal Counsel position may be found on

Asian Studies, Princeton 1976, J.D. UH

the Bank's website. Please submit resumes

Richardson School of Law 1996. 40+ years

to glenn.ching@centralpacificbank.com.

Japanese language training, 18 years multinational corporate legal experience. Due

ESTABLISHED DOWNTOWN LAW FIRM is

diligence document translation or synopsis

seeking a litigation associate attorney. 5-7

and general research using all original

years experience, general litigation experience

Japanese resources. Reasonable rates by

preferred; Admission Hawaii Bar Required

page output or by hour. Please contact

(incl. USDC Haw.); Excellent benefits; Salary

jjnelson2804@gmail.com or (808) 381-9046.

able at reasonable rates. Easy walking distance to courts.

Check our website at

www.waiponoinvestment.com or call Lee Miller (S) at (808) 548-3358. SHARE A QUITE, pleasant, clean and organize office in ASB Tower with two attorneys, includes conference room, secretary station, kitchen, internet, copier, fax, scanner, phone system. call 523-1485 UNION PLAZA at 1136 Union Mall. Office spaces from 400 sf to 2,500 sf (asking

commensurate with experience. Please

monthly base rent is $0.70 psf).

submit resume, writing samples and salary

monthly operating expense is $1.20 psf;

requirements in confidence to: Recruiting Committee/HR Case Lombardi & Pettit, 737 Bishop Street, Suite 2600 Honolulu, HI 96813. hrcoordinator@caselombardi.com

AUTO DETAILING IS BILLABLE HOURS coming between you

LEGAL CONSULTING LEGAL NURSE CONSULTING Assistance in managing the medical aspects of your case. Legal Nurse Consulting, Life Care Planning, & Workers’ Compensation Nurse Case Management. Cynthia L. Fricke, RN, BSN, CCM, CLCP. (808) 253-0232. www.islandlegalnurse.com frickec001@hawaii.rr.com

and keeping your car looking nice? Drive into work and park, and by the time you go to lunch your car will be in it’s parking space looking showroom spotless. Bo’s Auto Detailing, 1142 Bethel St. 782.1526

EXPERT WITNESS AQUATIC SAFTEY EXPERT 28 years aquatic Experience. Qualified as an expert in state and federal courts. See our ad on page 56 of the HSBA Directory. Aquatics consulting Servies 808-960-9348 www.aquaticsconsulting.com DROWNING & TOUR BOAT SAFETY EXPERT Former Hawaii ocean lifeguard and tour boat captain Patrick Durkin. 30 plus years in Hawaii. Many local attorney references. www.aquaticexpert.com. 808.651.SURF

LEGAL WRITING SPECIALIST EXPERIENCED ATTORNEY will provide legal writing services. Motions, memos, complaints, appellate briefs, and other writing assignments.

Reasonable rates. Writing samples,

and references provided on request. Call

includes full service janitorial, security, air conditioning and electricity.

Conference

room available for building tenants. Storage space available at reasonable rates. Easy walking distance to courts, adjacent to US Bankruptcy court.

Check our website at

www.waiponoinvestment.com or call Lee Miller (S) at (808) 548-3358.

RECRUITING / TEMP STAFFING HiEmployment is Hawaii's best choice for finding top legal talent. Professional recruiting and temp staffing services available. 695-3974. email: info@hi-employment.com

(808) 735-8701 or (808) 227-2141.

OFFICE SPACE AVAILABLE FINANCE FACTORS CENTER at 1164 Bishop St. Beautiful ocean and mountain views available. Office spaces ranging from 523 sf to 3,000 sf (asking base rent is $1.10 psf). Current full service operating expense is $1.43 psf.

Conference room available for

building tenants. Check out our website at www.waiponoinvestment.com or call Lee

PREMISES SECURITY EXPERT Case Evaluation • Expert Witness • 45 Expert Retentions • Court-Qualified in Hawaii 1st, 2nd & 5th Circuits • Consulting (surveys, documents, procedures, design) Albert B. “Spike” Denis, CPP, CFE. Pacific Security Group LLC. 1050 Bishop Street, Suite 303, Hono, HI 96813. Spikedenis@hawaii.rr.com Tel:808.224.4559

Current

Miller (S) at (808) 548-3358.

Advertise on this Page Classified advertisements are $8.00 per line with a four line min. For more information, or

MCCANDLESS BUILDING at 925 Bethel St.

to place an ad, please contact

Office spaces ranging in size from 297 sf to 343 sf (asking base rent is $1.00 psf).

Brett Pruitt at: 521.1929 or

Current operating expenses are $1.26 psf and

brett@grassshack,net

include full service janitorial, security, air conditioning, and electricity. Storage space availSeptember 2015

HAWAII BAR JOURNAL