Kokua Line

By June Watanabe

Friday, March 14, 1997

State agency handles
complaints on attorneys

I have a problem with my attorney. He was supposed to represent me in a warranty case. But it's been 10 months now, and he never gets back to me. Who can I complain to?

The state Office of Disciplinary Counsel will look into matters of unethical or unprofessional conduct by an attorney.

Send a letter to the office, stating the attorney's name and all pertinent background information, said chief disciplinary counsel Carole Richelieu.

The office will review your complaint to see if it falls in its jurisdiction. If it does, the office will then investigate whether there has been misconduct. The office can suspend or bar an attorney from practicing law in the state.

Send your letter to 1164 Bishop St., Suite 600, Honolulu 96813.

If you have a dispute over fees, try the Hawaii State Bar Association's Attorney/Client Relations Committee, which handles fee and other related disputes, said co-chair Peter Olson.

But the committee - made up of volunteer attorneys - will not consider malpractice and other claims involving alleged wrongdoing.

The client has to initiate the complaint, but the attorney must also agree to participate.

Call committee liaison Evelyn Gomez at 537-1868 to request a form. If your case is accepted, there will be no charge, except for out-of-pocket costs.

New light on satellite dishes

The city Building Department will ask the corporation counsel for an opinion on whether Federal Communications Commission rules supersede its restrictions on the installation of "dish-type antennas," said Melvin Lee, chief of the building safety division. A key point is whether requiring a permit is "reasonable," he said.

This action comes after Stuart Browne, president of Satellite TV Hawaii, challenged the department's position, stated in Tuesday's Kokua Line, that permits were required for all such antennas, no matter what size.

The FCC, through the Telecommunications Act of 1996, prohibits restrictions that impair installation, maintenance or use of antennas used to receive video programs via wireless cable, TV stations or direct broadcast satellite dishes less than one meter (39 inches) in diameter, he said.

Browne is right, said FCC spokesman Morgan Broman. In general, the FCC prohibits "unreasonable local restriction," he said, with a building permit and its fee considered unreasonable unless it is necessary to serve a safety or historic purpose.

The FCC rule also applies to "private covenants, homeowners association rules or similar restrictions on property within the exclusive use or control of the antenna user, where the user has a direct or indirect ownership interest in the property."

Most home satellite dishes are about 18 inches in diameter, Broman said.

He noted that permit restrictions also were being imposed in Kansas, where local officials have asked for a ruling. A decision is expected in a couple of months.

I live in Enchanted Lake, near a ball field that has 16 lights that are on 5:30 to 9:30 p.m. whether anyone is using it or not. In a four-month span, I counted more than 30 days when the field was not used for whatever reason. Can something be done?

Not really, said Patti Nagao, spokeswoman for the city Department of Parks and Recreation, although the automatic timer will be reset soon for the summer schedule. That means the lights will be turned on later, at 6:45 p.m.

The alternative is to have someone there to monitor usage, which isn't a viable option.

"By charter, the parks are supposed to be available and accessible to the public at night," Nagao said. "We cannot always anticipate usage or lack of usage."