Aduja tried
to resign as lawyer
to avoid discipline

The state senator's request was
rejected by Hawaii's top court

CORRECTION Saturday, September 11, 2004 » State Sen. Melodie Aduja was first elected to the Senate in 2002. A story on Page A1 in yesterday's early edition incorrectly stated she was elected in 2000. The Honolulu Star-Bulletin strives to make its news report fair and accurate. If you have a question or comment about news coverage, call Editor Frank Bridgewater at 529-4791 or email him at corrections@starbulletin.com.

Two years ago, in the face of an investigation by the Office of Disciplinary Counsel, state Sen. Melodie Aduja attempted to resign as an attorney.

State Supreme Court documents filed Dec. 4, 2002, show that Aduja attempted "to resign from the practice of law in lieu of discipline."

The court denied Aduja's request because she "fails to admit to facts and rule violations that would warrant discipline." The reason for the Disciplinary Counsel investigation was not given.

Aduja (D, Kahuku-Kaneohe) is a first-term senator and was elected in November 2000.

Aduja declined to comment yesterday, saying she had to prepare for a debate with her primary election opponent, Clayton Hee, a former senator and Office of Hawaiian Affairs trustee.

The Disciplinary Counsel's chief counsel, Carole Richelieu, said she was prohibited from commenting on cases until they have been resolved.

She did say, however, that an attorney that has a case before the counsel may ask to drop their license.

"Typically the motivation is that the underlying conduct does not become public," Richelieu said.

According to court rules, an attorney under investigation can stop the investigation by asking to resign from the practice of law, but the lawyer must say what they did wrong and acknowledge there was no proper reason for the action.

"They have to admit there exists ground for discipline and have to admit they are resigning because they cannot defend themselves," Richelieu said. "But if that isn't in the affidavit, they can't resign; the court won't let them resign."

The Supreme Court rule states, "An attorney who is the subject of an investigation into, or a pending proceeding involving, allegations of grounds for his or her discipline may resign in lieu of discipline or consent to disbarment, but only by delivering to the Board an affidavit stating that he or she desires to resign in lieu of discipline or consent to disbarment." Under state Supreme Court rules, "resignation in lieu of discipline is a disbarment for all purposes."

Aduja, 44, is a graduate of Golden Gate University and was admitted to the state bar in 1987.

The Disciplinary Counsel investigates allegations of attorney misconduct and sends serious cases to the Supreme Court for action.

There was no indication of why the proceedings against Aduja have not moved forward since December 2002. Richelieu said that cases usually take two or 2 1/2 years to settle.

The investigation by the Supreme Court is not Aduja's only problem. On Wednesday she agreed to pay $4,500 in fines to the Campaign Spending Commission.

The fines and a $4,500 reimbursement to her campaign came after the commission investigation into her 2002 spending reports raised questions.

And Bob Watada, the commission's executive director, said he is continuing his investigation into Aduja's use of campaign volunteers who reportedly came from drug rehabilitation houses that her family leased to a nonprofit social agency.

The commission investigation started in March when it was learned that more than $30,000 in Aduja campaign checks were written to her ex-husband, Lee Williams, who had been arrested in a Chinatown drug raid. Watada said this week that portions of Aduja's campaign spending report were "pure fiction."