Sunday, February 26, 2017

Denial Hawai'in Style

The Hawai'i Supreme Court has denied reinstatement to a petitioner who had been reciprocally disbarred based on his voluntary license revocation in Georgia.

we find and conclude, after careful and thorough review, that Petitioner Duru failed to follow court rules governing his disbarment, particularly in his failure to inform his Maui employer or the Office of Disciplinary Counsel (ODC) of his foreign disbarment, and failed to fulfill substantive conditions of this court’s November 10, 2005 reciprocal disbarment, particularly his failure to successfully seek reinstatement in Georgia.

We further find and conclude that Respondent Duru has failed to prove by clear and convincing evidence, as required by Rule 2.17(b)(4) of the Rules of the Supreme Court of the State of Hawai'i, that he is rehabilitated from the ethical conduct underlying that disbarment, particularly his engaging in discussion of legal matters with a licensed attorney and the attorney’s client, his failure to report in his petition criminal and civil litigation in which he was involved during his disbarment, and his failure to timely act with initiative regarding his outstanding student loan obligations. 

The George Supreme Court's 2000 order notes

Duru admits that he pled guilty to three counts of False Tax Returns, in violation of 26 U.S.C. § 7206 (1), and two counts of Structuring Currency Transactions, in violation of 31 U.S.C. § 5324 (a) (3) and (c) (2), in the United States District Court for the Northern District of Georgia, which accepted Duru's plea on March 23, 2000. By entering the guilty plea to felony violations, Duru admits that he has violated Standard 66 (conviction of any felony or misdemeanor involving moral turpitude shall be grounds for disbarment) of Bar Rule 4-102 (d) and requests that the Court accept his voluntary surrender of license. We have reviewed the record and agree to accept Duru's petition for the voluntary surrender of his license, which is tantamount to disbarment.

Pacific Business News reported his 2005 reciprocal disbarment in Hawai'i. (Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2017/02/the-hawaii-supreme-court-has-denied-reinstatement-to-a-petitioner-who-had-been-reciprocally-disbarred-based-on-his-voluntary.html

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