Office of Disciplinary Counsel v. Fiddler

Electronically Filed
Supreme Court
SCAD-XX-XXXXXXX
16-JUL-2021
01:48 PM
Dkt. 5 OGP
SCAD-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAIʻI
OFFICE OF DISCIPLINARY COUNSEL,
Petitioner,
vs.
NOAH D. FIDDLER (HI Bar #3144),
Respondent.
ORIGINAL PROCEEDING
(ODC Case No. 21-0131)
ORDER GRANTING PETITION
(By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.)
Upon consideration of the July 1, 2021 petition for the
immediate restraint of the license to practice law in this
jurisdiction held by Respondent Noah D. Fiddler, filed by the
Office of Disciplinary Counsel (ODC) pursuant to Rule 2.13 of the
Rules of the Supreme Court of the State of Hawaiʻi (RSCH), this
court notes the exhibits attached to the petition include the
granting on June 9, 2021 by the First Circuit Court, in State of
Hawaiʻi v. Fiddler, No. 1CPC-XX-XXXXXXX, of Fiddler’s motion for
the deferred acceptance of a guilty plea to five felony counts of
willful failure to collect and pay over a tax, in violation of
HRS § 231-36.4 (2010), and twelve misdemeanor counts of willful
failure to file a return, in violation of HRS § 231-35 (2010),
all of which we conclude were crimes which involved dishonesty.
Therefore,
IT IS HEREBY ORDERED that ODC’s petition is granted.
IT IS FURTHER ORDERED that Respondent Fiddler is
immediately restrained from the practice of law in this
jurisdiction, pursuant to RSCH Rule 2.13(b), pending final
disposition of a disciplinary proceeding based on the findings of
guilt.
IT IS FURTHER ORDERED that this matter is hereby
referred to the Disciplinary Board of the Hawaiʻi Supreme Court
for institution of formal disciplinary proceedings, to be
convened once these convictions become final, as defined in RSCH
Rule 2.13(d). The sole issue to be determined at those hearings
shall be the discipline to be imposed.
DATED: Honolulu, Hawaiʻi, July 16, 2021.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Michael D. Wilson
/s/ Todd W. Eddins
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