State Supreme Court may change the rules

The Hawai’i Supreme Court is inviting comments from the public on seven possible revised rules that govern itself and the legal profession within the state.

The proposed amendments to the state’s Rules of Professional Conduct and the Rules of the Supreme Court came from the Disciplinary Board.

There are 44 committees that can propose changes to the rules of the legal profession within the state. Most but not all committee members are attorneys.

Proposed amendments are available for review at Kaua`i’s Circuit Court Law Library, the Supreme Court Law Library on Oahu and on the Judiciary homepage at www.state.hi.us/jud.

“Anyone can propose a rule amendment, including representatives of the media,” said Marsha Kitagawa, spokeswoman for the state judiciary.

Kitagawa said as a result of a proposal by a Honolulu reporter in 1998, hand-held tape recorders are now allowed in Hawaii’s courts.

The voluminous rules of the court are amended twice a year And although most of the proposals are, according to Kitagawa, “housekeeping,” some are brought forward because of problems or fear of problems.

One of the seven amendments proposed by the Disciplinary Board recently would keep suspended or disbarred attorneys out of situations that might “induce clients to rely on the suspended or disbarred attorney’s advice.” According to insiders, this amendment was in response to a possible problem.

Other proposals are suggested to close perceived loopholes in the system.

After sifting through public comment, the state Supreme Court justices will make the final determination on which proposed amendments become rules of Professional Conduct and Rules of the Supreme Court.

Comments about these or any other proposed amendments should be submitted in writing no later than Jan. 31, 2001, to Public Affairs Office, Ali’iolani Hale, 417 South King St., Honolulu, HI 96813.

Staff writer Dennis Wilken can be reached at 245-3681 (ext. 252) and dwilken@pulitzer.net.