1132 Bishop Street, Suite 906
Honolulu, HI  96813
Thursday, February 28, 2008, 11:30 a.m.


President Jeffrey Sia called the meeting to order at 11:42 a.m. with a quorum present.  The following persons were present for all or part of the meeting:

Officers Present
Jeffrey Sia
Rai Saint Chu
Douglas Moore
Carolyn Yu

Directors Present
Darren Ching
Steven Chow
James Dandar
P. Gregory Frey
Mark Gallagher
Geraldine Hasegawa
Louise Ing
Hugh Jones
Ronette Kawakami
Carol Kitaoka
Gregory Markham
Jodi Yi
Jill Hasegawa

Board Members Absent
Nathan Aipa
Craig DeCosta
Steven Songstad

Others Present
Steven Dixon
Caprice Itagaki
James Kawachika
Jeffrey Portnoy
Leilani Tan
William Tanaka

HSBA Staff
Lyn Flanigan
Iris Ito
Debra White
2. APPROVAL OF MINUTES – Minutes of the January board meeting were approved by consensus. 

3. TREASURER’S REPORT –  Treasurer Douglas Moore reported that HSBA is a little under budget on its revenue due to less penalty income, i.e. more people have paid their dues on time.  See written financial statements for more detail. 


a. Attorneys & Judges Assistance Program – AAP Director Steven Dixon reported that more than 700 lawyers suffer from substance abuse or other impairment.  He requested a partnership with HSBA to work on referrals AAP receives for attorneys in need of professionalism guidance.  Minor misconduct referrals and ways to streamline the process were also discussed

b. Rule 17 Committee – the Committee will continue to meet.

c. Strategic Planning Committee – President Sia reported that subcommittees on membership and leadership are meeting separately and will come together again in April.

d. Kona Courthouse Committee – Director Carol Kitaoka reported that the Committee showed Big Island legislators Dwight Takamine, Jerry Chang, and Josh Green the state of disrepair of the Kona  Courthouse.  The next step is to arrange a time for the legislators of the Ways & Means Committee to see it. 

e. Legislative Report  (see agenda item 4.e. and Exhibit A) 

5. EXECUTIVE DIRECTOR’S REPORT – Executive Director Lyn Flanigan reminded Board members to sign the Conflict of Interest policy statement that was included in the Board Orientation Handbook.  Staff will email the form to Board members for convenience.  See written Executive Director’s report for more information.


a. Practice of Law Definition  (see agenda item 6.a. and Exhibit A) – President Sia stated that the Hawaii Supreme Court granted HSBA an extension of time until the end of March in which to address the concerns of other organizations over the proposed definition of the “practice of law” and submit comments.

b. Proposed Amendments to Board Policies on Judicial Selection and Communication by the HSBA Spokesperson – Director Steve Chow reported that the Committee will have a proposal at next month’s board meeting.

c. Access to Justice Report  (see agenda item 6.c. and Exhibit D) – FYI.
d. Proposed Amendment to RSCH 17(d) regarding New Membership Category  (see agenda item 6.d.) – a new category of membership status, “voluntary inactive – medical” is being proposed.  Board members questioned the need for such a category.  Director James Dandar suggested that instead of creating a new membership category, the Court could be petitioned to waive the fees for the impaired attorney.  


a. Proposed Pro Bono Challenge from YLD Board  (see agenda item 7.a.) – YLD President Jill Hasegawa presented a challenge from the YLD Board to the HSBA Board to participate in at least one Legal Line hotline and one VLSH Clinic by the end of September.  She encouraged board members to sign up and bring a non-YLD colleague. 

Other upcoming YLD activities include: March 18th social at Pearl; April 21-25 Junior Judges Program; April 25-May 2 Law Week; May 12-16 When You Turn 18 project.

b. 2008 Budget  (see agenda item 7.b.) – FYI.

c. The Possibility of MCLE  (see agenda item 7.c. and Exhibit E) – Board members made the following comments over the possibility of MCLE:  phase-in over a 3 year period; be mindful of cost of CLE to solo practitioners; get input from bar members on an MCLE program before implementing it.

d. Inventory Attorney Requirement for Solo Practitioners  (see agenda item 7.d. and Exhibit F) – Directors Jim Dandar and Ronette Kawakami agreed to review the issue and report back to the Board.

e. “Of Counsel” Status  (see agenda item 7.e.) – FYI.

f. 2008 Committee Chair Appointments (see agenda item 7.f. and Exhibit H)

Action taken:  A motion was made, seconded, and carried without opposition to ratify President Sia’s appointment of 2008 committee chairs.  

g. Proposed Rule Amendment regarding Comparability Rate on IOLTA Funds  (see agenda addendum) - HJF Board member James Kawachika asked for the HSBA Board’s support on this proposed rule that would require attorneys to place their IOLTA accounts with banks that pay the highest interest rates available at that bank to other customers with similar accounts.

Action taken:  A motion was made, seconded, and carried without opposition to support the proposed rule amendment regarding comparability rates on IOLTA funds. 


The meeting adjourned at 1:25 p.m.

Submitted by:
Lyn Flanigan
HSBA Executive Director

Approved by:
Carolyn M. Yu
HSBA Secretary


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