No. 22239 (Nov. 20, 2008)
Opinion [pdf]
OPINION OF THE COURT BY MOON, C.J.
The Disciplinary Board of the Hawai‘ Supreme Court, pursuant to Rule 2.17(c) of the Rules of the Supreme Court of the State of Hawai‘ (RSCH), submitted its report and recommendation on September 26, 2008, recommending that Petitioner Burton D. Gould's "Petition for Reinstatement be granted and that he be reinstated to the practice of law in the State of Hawai‘." For the reasons discussed below, we respectfully disagree with the Disciplinary Board's recommendation.
The Disciplinary Board concluded that Gould -- while suspended -- committed multiple violations of the following Hawai‘ Rules of Professional Conduct (HRPC):
(1) Rule 8.4(c) (relating to conduct involving dishonesty, fraud, deceit, or misrepresentation);
(2) Rule 8.4(a) (violating a rule of professional conduct);
(3) Rule 3.4(e) (knowingly disobeying an obligation under the rules of a tribunal); and
(4) Rule 5.5(a) (practicing in a jurisdiction where doing so violates the regulation of the legal profession).
In our view, Gould's additional violations while suspended, coupled with his explanations in regard thereto, belie the Disciplinary Board's conclusion that Gould "has overcome the weaknesses which produced the earlier misconduct[.]" Moreover, given these additional violations, it appears that Gould's cavalier disregard of the ethical rules that led to the underlying five-year suspension has not abated. Consequently, we deny Gould's petition for reinstatement to the practice of law.
