Lighter v. Office of Disciplinary Counsel ( 2019 )

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
22-NOV-2019
04:22 PM
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAII
________________________________________________________________
ERIC LIGHTER, Petitioner,
vs.
THE OFFICE OF DISCIPLINARY COUNSEL, Respondent.
________________________________________________________________
ORIGINAL PROCEEDING
ORDER
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon review of the October 9, 2019 petition for a writ
of mandamus filed by Petitioner Eric Lighter, seeking relief
against the Office of Disciplinary Counsel (ODC) with regard to
its September 27, 2019 decision, following review and
consultation with the Disciplinary Board of the Hawaii Supreme
Court (Board), to close its investigations into the conduct of
attorney Glenn N. Taga, in his capacity as trustee over the
legal practice of deceased attorney Gary M. Tsuji, pursuant to
Rule 2.20 of the Rules of the Supreme Court of the State of
Hawaii (RSCH), and the October 16, 2019 motion by Petitioner
Lighter to transfer this matter to the Intermediate Court of
Appeals, as an appeal from an agency decision, we note that ODC
and the Board are Acreatures of this court, created pursuant to
the court’s inherent and constitutional authority to regulate
the practice of law.@ See In re Disciplinary Bd. of Hawaii
Supreme Court, 91 Hawaii 363, 368, 984 P.2d 688, 693 (1999).
Furthermore, there is nothing in the record to indicate ODC or
the Board abused the discretion delegated to them by this court
in their handling of the matter. See id. at 370, 984 P.2d at
695. Therefore,
IT IS HEREBY ORDERED that the motion to transfer is
denied.
IT IS FURTHER ORDERED that the petition for writ of
mandamus is denied.
DATED: Honolulu, Hawaii, November 22, 2019.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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