NO.
26539
IN
THE SUPREME COURT OF THE STATE OF HAWAI`I
OFFICE
OF DISCIPLINARY COUNSEL, Petitioner,
vs.
CYNTHIA
KAY McNEFF, Respondent.
(ODC
04-036-8016)
ORDER OF SUSPENSION
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration of (1) Petitioner Office of Disciplinary
Counsel's (Petitioner
ODC) April 29, 2004 ex parte petition for issuance of reciprocal
discipline notice
to Respondent Cynthia Kay McNeff (Respondent McNeff), the memorandum,
affidavit,
declaration, and exhibits attached thereto, and (2) the April 30, 2004
declaration
of Chief Disciplinary Counsel Carole R. Richelieu and the exhibits
attached
thereto, (3) the May 17, 2004 notice and order granting Petitioner
ODC's ex parte
petition for issuance of reciprocal discipline notice pursuant to Rule
2.15 of the
Rules of the Supreme Court of Hawai`i (RSCH), (4) the June 1, 2004
affidavit of
Chief Disciplinary Counsel Carole R. Richelieu regarding Service of the
May 17,
2004 notice and order, (5) Respondent McNeff's lack of response to the
May 17,
2004 notice and order, and (6) the record, it appears that, on July
18, 2003, the
Supreme Court of Oregon approved a stipulation for discipline between
Respondent
McNeff and the Oregon State Bar, and suspended Respondent McNeff from
the practice
of law in Oregon for sixty (60) days, effective August 1, 2003,
because Respondent
McNeff
- engaged in conduct that was prejudicial to the administration of
justice in
violation of Oregon Code of Professional Responsibility Disciplinary
Rule
(OCPR DR) 1-102(A)(4),
- continued to represent a client when Respondent McNeff's
professional judgment
was, or reasonably may have been, affected by Respndent McNeff's own
personal
interests in violation of OCPR DR 5-101(A),
- communicated on the subject of McNeff's representation directly
with an adverse
party whom McNeff knew to be represented by a lawyer in violation of
OCPR DR 7-104(A)(1), and
- communicated ex parte with a judge in an adversarial proceeding
in violation of
OCPR DR 7-110(B).
It further appears
that reciprocal discipline in Hawai`i in the form of a
suspension is warranted pursuant to RSCH Rule 2.15(c). Therefore,
IT IS HEREBY
ORDERED that, pursuant to RSCH Rule 2.15(c), Respondent
Cynthia Kay
McNeff (attorney number 7015) is suspended from the practice of law in
Hawai`i for
sixty (60) days, effective thirty days after entry of this order,
as provided by
RSCH Rule 2.16(c). Respondent McNeff is reminded that she may not
resume the
practice of law in Hawai`i except upon reinstatement by order of this
court. See
RSCH Rule 2.17(a) & (b).
DATED: Honolulu,
Hawai`i, August 5, 2004.