Kokua Line
Kokua Line
Question: Is Gerard Jervis, the ousted Bishop Estate trustee, being investigated for possible disbarment? Also, is trustee Dickie Wong being considered for disbarment, if he is an attorney? Jervis’ status as
attorney confidentialAnswer: Regarding Jervis, the people who would conduct such an investigation say they can't comment; regarding Wong, he is not an attorney.
The Office of Disciplinary Counsel is bound by a confidentiality rule and generally can't comment one way or another on possible investigations, said chief disciplinary counsel Carole Richelieu.
There are exceptions, she said, but "generally, the investigative stage is confidential." After a hearing is held and if it's decided public discipline is warranted, "then it becomes public." Most matters come to her office by way of written complaint.
"However, we're obligated to investigate anything that comes to our attention," including via the news media. "We can institute our own investigation based on other sources. And we do," she said.
Based on an investigation, a disciplinary board would determine whether the case should go into a formal hearing, be dismissed ("sometimes with caution, because there is insufficient evidence") or result in an admonition, the least severe form of a sanction, Richelieu said.
"Then, we're bound by (the board's) decision," she said. If it decides on a formal disciplinary proceeding, "it's like a civil trial."
The board can hand out lesser sanctions, but if the penalty is suspension, disbarment or public censure, where the license to practice is affected, "only the Supreme Court can do that," Richelieu said.
What would constitute grounds for disbarment? Typically, anything involving conversion of client funds, misrepresentations to the court, criminal activity, etc. Also facing disbarment are "attorneys who have come to the system more than once, because the prior offense is used against them as aggravating factors," she said.
Asked about moral character, she said, "Moral character is not really covered by the rules, which are ethics rules. Whatever conduct we're investigating has to come within the ethics rules and it usually relates to the practice of law. Not always, but almost always."
Q: Why are public libraries closed on Saturdays if there is a three-day weekend? In fact, why are they closed on Sundays and open on weekdays? Don't most people work and attend school on weekdays? They should alter the hours to serve the public!
A: By state law, public libraries may be closed on state holidays and over three-day weekends when national holidays are observed on a Friday, Saturday, Sunday or Monday.
In 1992, former state Librarian Bart Kane tried to institute a seven-day schedule for libraries statewide, including Sunday and holiday hours, but that didn't get anywhere. The Hawaii Labor Relations Board ruled in favor of a prohibited practice complaint filed by the union representing library employees.
Several years ago, the public libraries received special funds from the state Legislature for a pilot project in which five Oahu libraries opened on Sundays and holidays. That funding lapsed, but the practice continues because of public response, a spokesman said.
Be warned: In observance of Admission Day, all public libraries will be closed tomorrow. The Hawaii Kai library, normally closed on Fridays, will observe the holiday the next day.
Need help with problems? Call Kokua Line at 525-8686,
fax 525-6711, or write to P.O. Box 3080, Honolulu 96802.
Email to kokualine@starbulletin.com