NO.
26049
IN
THE SUPREME COURT OF THE STATE OF HAWAI`I
OFFICE
OF DISCIPLINARY COUNSEL, Petitioner,
vs.
FRANK
D. WINSTON, Respondent.
(ODC 04-110-8090)
ORDER OF DISBARMENT
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration of the Office of Disciplinary Counsel's ex parte
petition for
issuance of reciprocal discipline notice to Respondent Frank D. Winston
pursuant
to Rule 2.15(b) of the Rules of the Supreme Court of the State of
Hawai`i ("RSCH"),
the memorandum, affidavits, and exhibits thereto, Respondent Winston's
lack of
response to our November 1, 2004 notice and order, and the record, it
appears
that: (1) on March 12, 2004, the Supreme Court of California entered an
order
that accepted Respondent Winston's resignation from the State Bar of
California
with disciplinary charges pending; (2) such a resignation by an
attorney in
California is identical to an attorney's resignation in lieu of
discipline in
Hawai`i, see RSCH
2.14; (3) a resignation in lieu of discipline is a disbarment for
all purposes under our disciplinary rules, including reinstatement, see RSCH
2.14(d); and (4) a similar discipline is warranted in this
jurisdiction, pursuant
to RSCH 2.15(c). See Office of Disciplinary Counsel v.
Hurley, 71 Haw. 254, 787
P.2d 688 (1990). Therefore,
IT IS HEREBY
ORDERED that Respondent Frank D. Winston is disbarred from the
practice of law in the State of Hawai`i, pursuant to RSCH 2.15(c).
Respondent
Winston's disbarment shall be effective upon entry of this order.
IT IS FURTHER
ORDERED that Respondent Winston's reinstatement shall be conditioned
(1) upon payment of all costs of this proceeding, (2)
compliance with the
conditions imposed by the Supreme Court of California, and (3)
Respondent
Winston's reinstatement in California.
DATED: Honolulu,
Hawai`i, December 20, 2004.