NO. 27049



IN THE SUPREME COURT OF THE STATE OF HAWAI`I



OFFICE OF DISCIPLINARY COUNSEL,
Petitioner,


vs.


TIM E. DESILVA,
Respondent.


(ODC 03-356-7956, 05-057-8209)





ORDER ALLOWING RESIGNATION IN LIEU OF DISCIPLINE
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)

Upon consideration of the Office of Disciplinary Counsel's "petition for order granting request of Tim E. DeSilva to resign from the practice of law in lieu of discipline," and the memorandum, affidavit and exhibits in support thereof, it appears the motion is supported by Respondent DeSilva's affidavit and that the affidavit meets the requirements of Rule 2.14(a) of the Rules of the Supreme Court of the State of Hawai`i ("RSCH"). Therefore,

IT IS HEREBY ORDERED that the motion is granted and the request of Respondent Tim E. DeSilva to resign in lieu of discipline is granted, effective upon entry of this order.

IT IS FURTHER ORDERED that (1) upon the effective date of this order, the Clerk shall remove the name of Tim E. DeSilva from the roll of attorneys licensed to practice law in this jurisdiction, and (2) within ten (10) days after the effective date of this order, Respondent DeSilva shall deposit with the Clerk of this court the original certificate evidencing his license to practice law in this State.

IT IS FINALLY ORDERED that (1) Respondent DeSilva shall comply with the requirements of RSCH 2.16, and (2) the Disciplinary Board shall provide notice to the public and judges, as required by RSCH 2.16(e) and (f).

DATED: Honolulu, Hawai`i, May 4, 2005.


Michael T. Lee, for
petitioner on
the petition

Tim E. DeSilva,
respondent