NO. l8999

   

   
  

IN THE SUPREME COURT OF THE STATE OF HAWAl‘L§ §
I§M §§
OFFlCE OF DISCIPLINARY COUNSEL, Petitioner: @;
vs. §§
35
GARY N. MORlKAWA, Respondent. $;_

-¢§

usi 523

ORIGINAL PROCEEDlNG
(ODC 03-108-7708, 08-070-87l3)

. ORDER OF DISBARMENT
(By: Moon, C.J., Nakayama, Acoba, Duffy, and Recktenwald, JJ.)

Upon consideration of the Disciplinary Board’s Report

and Recommendation for the Disbarment of Gary N. Morikawa, the

openiHQ,.answering, and reply briefs,

and the testimony and
exhibits in the record,

we adopt the Disciplinary Board’s Report

and Recommendation for disbarment. We find no merit in

Respondent Morikawa’s challenges to numerous findings and

conclusions, and the recommended discipline. The findings and

conclusions are supported by clear and convincing evidence that
Respondent practiced while suspended pursuant to Rule 2.l2A of

the Rules of the Supreme Court of the State of HawaiU, did not

timely provide clients’ documents to the clients, did not keep

required accounting records or properly account for them,

misappropriated clients’ funds,

filed false certifications with
regard to accounting records,

failed to disclose his Rule 2.l2A

suspension to clients, failed to cooperate with investigations,

submitted false evidence, and engaged in other misconduct in

multiple violations of Rules l.4(a)

[5 times], l.4(b)
l.5(a), l.6(a

[5 times],
, l.7(b), l.8(h), l.l5(a)(l)

[3 times], l.l5(c) [9
) [3 times], l.l5(f)(3) [6 times], l.l5(g)(2) [3
) [3 times], l.l6(a)(l), l.l6(d) n
(a), 8.l(a), 8.l(b), 8.4(a)

)

times], l.l5(d

times], l.l5(h [4 times], 3.4(e)
5

[5 times], 5. [32 times], 8.4(c) [7

times], and 8.4(d) of the Hawafi Rules of Professional Conduct.

Therefore,
lT IS HEREBY ORDERED that Respondent Gary N. Morikawa

is disbarred from the practice of law in this jurisdiction. In
that Morikawa is currently suspended pursuant to Rule 2.l2A, this
order is effective immediately.

lT IS FURTHER ORDERED that Respondent Morikawa shall

pay all costs of this proceeding.
DATED: Honolulu, HawaiUq July 19, 2010.

 

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