Office of Disciplinary Counsel v. Morikawa

NO. l8999
IN THE SUPREME COURT OF THE STATE OF HAWAl‘L§ §
I§M §§
OFFlCE OF DISCIPLINARY COUNSEL, Petitioner: @;
vs. §§
35
GARY N. MORlKAWA, Respondent. $;_
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usi 523
ORIGINAL PROCEEDlNG
(ODC 03-108-7708, 08-070-87l3)
. ORDER OF DISBARMENT
(By: Moon, C.J., Nakayama, Acoba, Duffy, and Recktenwald, JJ.)
Upon consideration of the Disciplinary Board’s Report
and Recommendation for the Disbarment of Gary N. Morikawa, the
openiHQ,.answering, and reply briefs,
and the testimony and
exhibits in the record,
we adopt the Disciplinary Board’s Report
and Recommendation for disbarment. We find no merit in
Respondent Morikawa’s challenges to numerous findings and
conclusions, and the recommended discipline. The findings and
conclusions are supported by clear and convincing evidence that
Respondent practiced while suspended pursuant to Rule 2.l2A of
the Rules of the Supreme Court of the State of HawaiU, did not
timely provide clients’ documents to the clients, did not keep
required accounting records or properly account for them,
misappropriated clients’ funds,
filed false certifications with
regard to accounting records,
failed to disclose his Rule 2.l2A
suspension to clients, failed to cooperate with investigations,
submitted false evidence, and engaged in other misconduct in
multiple violations of Rules l.4(a)
[5 times], l.4(b)
l.5(a), l.6(a
[5 times],
, l.7(b), l.8(h), l.l5(a)(l)
[3 times], l.l5(c) [9
) [3 times], l.l5(f)(3) [6 times], l.l5(g)(2) [3
) [3 times], l.l6(a)(l), l.l6(d) n
(a), 8.l(a), 8.l(b), 8.4(a)
)
times], l.l5(d
times], l.l5(h [4 times], 3.4(e)
5
[5 times], 5. [32 times], 8.4(c) [7
times], and 8.4(d) of the Hawafi Rules of Professional Conduct.
Therefore,
lT IS HEREBY ORDERED that Respondent Gary N. Morikawa
is disbarred from the practice of law in this jurisdiction. In
that Morikawa is currently suspended pursuant to Rule 2.l2A, this
order is effective immediately.
lT IS FURTHER ORDERED that Respondent Morikawa shall
pay all costs of this proceeding.
DATED: Honolulu, HawaiUq July 19, 2010.
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