IN THE SUPREME COURT OF THE STATE OF HAWAI`I
OFFICE OF DISCIPLINARY COUNSEL, Petitioner,
JERROLD Y. CHUN, Respondent.
RESTRAINING ORDERUpon consideration of (1) Petitioner Office of Disciplinary Counsel's (Petitioner
ODC) January 6, 2004 petition for the immediate restraint of Respondent Jerrold Y.
Chun (Respondent Chun) from the practice of law pursuant to Rule 2.13 of the Rules
of the Supreme Court of the State of Hawai`i (RSCH), (2) the attachments thereto,
(3) Respondent Chun's lack of response thereto, and (4) the record, it appears
that in State of Hawai`i v. Jerrold Y. Chun, Cr. No. 03-1-2376, Respondent Chun
pleaded no contest to three class B felony counts of theft in the first degree in
violation of theft in the first degree in violation of HRS § 708-830.5 (1993), one
class B felony count of unlawful ownership or operation of a business in violation
of HRS § 842-2 (1993), and ten class B felony counts of money laundering in
violation of HRS § 708A-3 (Supp. 2004). The circuit court entered a judgment of
conviction on December 13, 2004. Respondent Chun's plea of no contest to these
felonies and the circuit court's judgment of conviction constitute a "finding of
guilt" under RSCH Rule 2.13(a). See also State v. Samonte, 83 Hawai`i 507, 535,
928 P.2d 1, 29 (1996) ("A plea of nolo contendere to a felony charge, once
accepted by the trial court, becomes a felony conviction."). Therefore, immediate
restraint from the practice of law is warranted under RSCH Rule 2.13(b).
(By Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
IT IS HEREBY ORDERED, pursuant to RSCH Rule 2.13(b), that the petition is granted,
and Respondent Jerrold Y. Chun (attorney number 2114) is restrained and enjoined
from the practice of law in the State of Hawai`i, effective upon the filing of this
IT IS FURTHER ORDERED, pursuant to RSCH Rule 2.13(d), that this matter is referred
to the Disciplinary Board for the institution of a formal disciplinary proceeding
in which the sole issue will be to determine the appropriate discipline for
Respondent Chun's professional misconduct.
DATED: Honolulu, Hawai`i, May 2, 2005.