Garcia v. Norris ( 2014 )

Electronically Filed
Supreme Court
SCPW-14-0000793
18-JUN-2014
07:46 AM
SCPW-14-0000793
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
CLAUDETTE DE GRACIA,
Petitioner,
vs.
CHARLENE NORRIS, ACTING FUND ADMINISTRATOR, LAWYERS’ FUND FOR
CLIENT PROTECTION; LAWYERS’ FUND FOR CLIENT PROTECTION,
Respondents.
ORIGINAL PROCEEDING
ORDER GRANTING PETITION FOR A WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of the March 17, 2014 letter from
Claudette de Gracia to the Chief Justice of this court, which
this court has deemed a petition for a writ of mandamus, and the
May 13, 2014 reply timely filed by Charlene Norris, Acting Fund
Administrator for the Lawyers’ Fund for Client Protection, this
court finds and concludes the following; that Rule 10.5(e) of the
Rules of the Supreme Court of the State of Hawai#i (RSCH) and
Rule 5.2(j) of the Lawyers’ Fund Rules and Regulations (LFRR)
grant both a denied claimant to the Fund and the respondent
attorney the right to a hearing if timely requested following
notification of the Fund’s final determination of a claim.
Insofar as Ms. de Gracia timely made a request for the required
hearing, the Fund has refused to provide her the hearing, and she
has no other remedy for the denial of the hearing to which she
has a right, see In re Disciplinary Board of the Hawai#i Supreme
Court, 91 Hawai#i 363, 368, 984 P.2d 688, 693 (1999), therefore,
IT IS HEREBY ORDERED that the petition for a writ of
mandamus is granted.
IT IS FURTHER ORDERED that the Lawyers’ Fund shall
timely convene a hearing on the denied claim, pursuant to RSCH
Rule 10 and the LFRR.
DATED: Honolulu, Hawai#i, June 18, 2014.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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