§605-1  Attorneys, qualifications.  (a) 
The supreme court may examine, admit, and reinstate as practitioners in the
courts of the State, such persons as it may find qualified for that purpose,
who have taken the prescribed oath of office.  The supreme court shall have the
sole power to revoke or suspend the license of any such practitioner.



(b)  In order to be licensed by the supreme
court, a person shall be of good moral character, and shall satisfy such
residence and other requirements as the supreme court may prescribe.



(c)  In addition to other qualifications for
licensure and conditions for continuing eligibility to hold a license,
applicants for licensure, licensees renewing their licenses, and existing
licensees shall be in compliance with an order of support as defined in section
576D-1 and has not failed to comply with a subpoena or warrant relating to a
paternity or child support hearing.



(d)  In addition to other qualifications for
licensure and conditions for continuing eligibility to hold a license,
applicants for licensure, licensees renewing their licenses, and existing
licensees shall be in compliance with any obligation under any student loan,
student loan repayment contract, or scholarship contract that financed the
licensee's or applicant's education or shall be in compliance with a repayment
plan as provided in chapter 436C.



The licensing authority shall not renew or
reinstate, or shall deny or suspend any license or application, if the
licensing authority has received certification from an administering entity
pursuant to chapter 436C that the licensee or applicant is in default or breach
of any obligation under any student loan, student loan repayment contract, or
scholarship contract that financed the licensee's or applicant's education or
has failed to comply with a repayment plan.



The licensing authority in receipt of a
certification pursuant to chapter 436C shall, as applicable, and without
further review or hearing:



(1)  Suspend the license;



(2)  Deny the application or request for renewal of
the license; or



(3)  Deny the request for reinstatement of the
license,



and unless otherwise provided by law, shall renew,
reinstate, or grant the license only upon receipt of an authorization from the
administering entity. [CC 1859, §1065; am L 1921, c 81, §1; RL 1925, §2304; RL
1935, §3603; am L 1937, c 173, §1; RL 1945, §9701; am L 1945, c 226, §1; am L
Sp 1949, c 67, §1; RL 1955, §217-1; HRS §605-1; am L 1972, c 184, §1(a); am L
1976, c 76, §1; am L 1997, c 293, §46; am L 2002, c 226, §9; am L 2003, c 133,
§13]



 



Rules of Court



 



  See RSC rules 1, 2.



  Child support enforcement, see RSC rules 1.3(h), 17.1.



  Disciplinary proceedings, see Disciplinary Board Rules.



  Dishonest conduct, fund for client protection, see RSC rule
10.



  Foreign law consultants, see RSC rule 14.



  Substance abuse, illness, or infirmity, assistance program,
see RSC rule 16.



  See also Hawaii Rules of Professional Conduct.



 



Law Journals and Reviews



 



  On the matter of lawyers appearing before government
agencies, see The Lawyer-Legislator and the Canons of Ethics.  1 HBJ, Jan 1959,
at 11.



  For discussion of residence qualification, see The New
Resident:  Hawaii's Second-Class Citizen.  5 HBJ 77.



  The Forgotten Case:  Preventing Attorney Neglect.  13 HBJ No.
2 Summer 1977, pg. 11.



  Student Symposium; Legal Malpractice.  14 HBJ No. 1 Spring
1978, pg. 3.



  Bringing an End to a Scandal.  15 HBJ 3.



  Overview of the Hawaii Attorney Discipline System.  22 HBJ
83.



 



Case Notes



 



  Bar examination, foreign attorneys.  44 H. 26, 352 P.2d 607;
44 H. 90, 352 P.2d 610; 44 H. 597, 358 P.2d 709.



  Disbarment.  For taking fee and not performing services.  3
H. 255; 59 H. 449, 583 P.2d 333; 61 H. 223, 601 P.2d 1087; 62 H. 95, 611 P.2d
993; 63 H. 382, 629 P.2d 105.  Possibility of impeachment, effect on power of
court to disbar.  26 H. 570.  License.  29 H. 422.  Character.  30 H. 588.



  Suspension.  41 H. 403, aff'd 260 F.2d 189, rev'd 360 U.S. 622; 46 H. 404, 380 P.2d 751.  See also 256 F.2d 553.



  Attorney shall not be employed in matter in which attorney
had substantial responsibility while public employee.  397 F. Supp. 1314.



  Power to regulate conduct of attorneys cannot be used to
infringe constitutional rights.  397 F. Supp. 1314.



  No conflict between section and disciplinary procedure under
Sup. Ct. Rule 16.  46 H. 404, 380 P.2d 751.



  Supreme court has inherent power to integrate the bar,
establishing compulsory membership and payment of dues.  50 H. 107, 432 P.2d
887.



  Statements to the chief justice or to the supreme court's rule
16 committee or to the bar association's ethics committee concerning attorney's
unethical conduct are absolutely privileged.  51 H. 608, 466 P.2d 441.



  Suspension.  Violation of canons of professional ethics.  53
H. 165, 488 P.2d 1167.



  Supreme court has jurisdiction over matters concerning
disciplinary action of members of the bar.  55 H. 47, 515 P.2d 400.



  Attorney is held to the same ethical standards when acting as
a business person or as an attorney and is subject to disciplinary action if
attorney fails to maintain those standards in either capacity.  55 H. 47, 515
P.2d 400.



  It is the court's duty to discipline attorneys who indulge in
practices inconsistent with high ethical standards.  60 H. 546, 592 P.2d 814.



  Suspension for conduct involving funds of clients undergoing
bankruptcy.  61 H. 334, 603 P.2d 562.



  Disciplinary sanction for neglect of clients' cases;
mitigating factors.  63 H. 150, 622 P.2d 115.