IN THE SUPREME COURT OF THE STATE OF HAWAI`I
OFFICE OF DISCIPLINARY COUNSEL,
DARREN G. RUSSELL,
ORDER TO TRANSFER TO INACTIVE STATUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon review of the December 19, 2018 petition filed by the Office of Disciplinary Counsel, with the approval of the Disciplinary Board of the Supreme Court of the State of Hawai`i requesting this court to immediately transfer Respondent Darren G. Russell to inactive status, pursuant to Rules 2.19 (c) of the Rules of the Supreme Court of the State of Hawai`i (RSCH), we conclude interim transfer to inactive status is warranted. Therefore,
IT IS HEREBY ORDERED that Respondent Russell is immediately transferred to inactive status in this jurisdiction, pursuant to RSCH Rule 2.19(c), effective with the filing of this order. Respondent Russell shall remain on inactive status until further order of this court, including until such time as he successfully applies for a return to active status, pursuant to RSCH Rule 2.19(f), upon establishing that he is fit to resume the practice of law.
IT IS FURTHER ORDERED that, in light of the transfer of Respondent Russell to inactive status, the Office of Disciplinary Counsel shall suspend and hold in abeyance the disciplinary proceedings against Respondent Russell to the extent required by RSCH Rule 2.19(h).
IT IS FURTHER ORDERED that ODC shall, within 30 days of the entry date of this order, submit to this court its opinion as to whether appointment of a trustee over Respondent Russell’s legal practice is warranted, pursuant to RSCH Rule 2.20. Respondent Russell may, within the same time frame, submit any information or arguments on that issue he may deem appropriate as well, for this court’s consideration.
IT IS FURTHER ORDERED that the clerk of the court shall render the docket in this matter public, but shall, as required by RSCH Rule 2.19(i), seal all docket entries except for this instant order and any subsequent final orders transferring Respondent Russell to inactive status, or reinstating him to practice, which shall remain public.
IT IS FURTHER ORDERED that the Disciplinary Board shall, pursuant to RSCH Rule 2.19(d), cause a notice of this transfer to inactive status to be published in a newspaper of general circulation in the judicial circuit in which Respondent Russell maintained his practice.
IT IS FINALLY ORDERED that the clerk of the court, pursuant to RSCH Rule 2.19(e), shall transmit a certified copy of this order to all judges of the State of Hawai`i and shall request their assistance and such action as may be indicated, pursuant to RSCH Rule 2.20, to protect the interests of both Respondent Russell and his clients.
DATED: Honolulu, Hawai`i, January 4, 2019.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson