Office of Disciplinary Counsel v. Fiddler

Electronically Filed
Supreme Court
SCAD-XX-XXXXXXX
22-MAR-2022
10:31 AM
Dkt. 10 ORD
SCAD-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
OFFICE OF DISCIPLINARY COUNSEL,
Petitioner,
vs.
NOAH D. FIDDLER,
Respondent.
(HI Bar No. 3114)
ORIGINAL PROCEEDING
(DB No. 21-9007)
ORDER
(By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.)
Upon review of the February 18, 2022 report and
recommendation submitted by the Disciplinary Board of the Hawai#i
Supreme Court, and full consideration of the record in this
matter and in SCAD-21-398, we find and conclude the following.
We find that Respondent Noah D. Fiddler has admitted to
committing five felony counts of wilfully failing to collect and
pay over a tax, in violation of HRS § 231-36.4 (2010), and twelve
misdemeanor counts of wilfully failing to file a tax return, in
violation of HRS § 231-35 (2010), and conclude that this
constitutes misconduct that violates Rules 8.4(b) and 8.4(c) of
the Hawai#i Rules of Professional Conduct, being criminal acts
that reflect adversely on Respondent Fiddler’s honesty and
trustworthiness.
In aggravation, we find Respondent Fiddler has
substantial experience in the practice of law and a prior
disciplinary record implicating negligent handling of client
funds and, in the present matter, that he exhibited a dishonest
or selfish motive, engaged in a pattern of misconduct, committed
multiple offenses, and engaged in illegal conduct.
In mitigation, we find that Respondent Fiddler has made
full restitution and amends, demonstrated remorse, exhibited
candor and cooperation, demonstrated good character and
reputation, and suffered the imposition of other sanctions. We
also note the prior disciplinary matter was remote in time,
occurring nearly thirty years prior, and also note the fourteen
letters submitted in support of his character by former
prosecutors, public defenders, and other attorneys in the legal
community. We have reviewed the proposed stipulated discipline
reached by the parties and concur, upon consideration of the
record as a whole, that it is appropriate in the present matter.
Therefore,
IT IS HEREBY ORDERED that, with the conclusion of the
disciplinary proceedings against him, the restraint from practice
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imposed upon Respondent Fiddler, pursuant to Rule 2.13 of the
Rules of the Supreme Court of the State of Hawai#i (RSCH), is
removed.
IT IS FURTHER ORDERED that Respondent Fiddler is
suspended, nunc pro tunc, from July 16, 2021 to the entry date of
this order. Upon entry of this order, Respondent Fiddler may
return to the practice of law after fulfilling the affidavit
requirements of RSCH Rule 2.17(b)(2) and any administrative
requirements that may exist.
IT IS FURTHER ORDERED that a total three-year period of
disciplinary suspension, which includes the period of actual
suspension, above, is imposed upon Respondent Fiddler, the
remaining portion of which, however, shall be held in abeyance
pending completion by him of the following conditions.
Respondent Fiddler shall (1) fulfill all of the terms and
conditions of the probation imposed by the First Circuit Court in
connection with his plea in the criminal matters, (2) submit to
the Office of Disciplinary Counsel (ODC), by October 31 every
year during this probationary period, a declaration that he has
paid his federal, state, and business taxes, accompanied by
relevant documents in support, including the tax returns
themselves and proof of payment of any taxes due, with the final
report due October 31, 2025, (3) submit to ODC, by October 31
every year during this probationary period, proof of completion
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of pro bono services toward a total of 360 hours to be served
during this probationary period, performed through a qualified
provider of such legal services, with the final report due
October 31, 2025, and (4) submit to monitoring by a designated
representative from ODC, who will be allowed to communicate with
Respondent Fiddler’s probation officer in the criminal matter.
The probationary period shall end November 1, 2025.
IT IS FURTHER ORDERED that Respondent Fiddler shall pay
the costs of these disciplinary proceedings, upon approval by
this court of a timely submitted Verified Bill of Costs from ODC.
IT IS FURTHER ORDERED that, should Respondent Fiddler
fail to comply with any of the above conditions, become subject
to further disciplinary sanctions, have his probation revoked in
the underlying criminal matter, or be found guilty of a new
felony or misdemeanor, a special panel of the Disciplinary Board
may be convened to consider the matter and make additional
disciplinary recommendations to this court.
DATED: Honolulu, Hawai#i, March 22, 2022.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Michael D. Wilson
/s/ Todd W. Eddins
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