NO. 27578


IN THE SUPREME COURT OF THE STATE OF HAWAI`I



OFFICE OF DISCIPLINARY COUNSEL, Petitioner


vs.


CARRIE YONEMORI, Respondent



(ODC 05-153-8305)



ORDER DENYING PETITION
(By: Moon, C.J., Levinson, Nakayama,
Acoba, and Duffy, JJ.)

Upon consideration of the petition filed by Petitioner Office of Disciplinary Counsel (Petitioner ODC) for the immediate suspension of Respondent Carrie Yonemori (Respondent Yonemori) from the practice of law pursuant to RSCH 2.12A, Respondent Yonemori's responses to Petitioner ODC, and Petitioner ODC's supplemental memorandum, it appears that Respondent Yonemori is the subject of a disciplinary investigation and that while she has not responded to each of Petitioner ODC's attempts to investigate the disciplinary matter, Respondent Yonemori has responded to each of the grievant's allegations in ODC 05-153-8305. Although this court could conclude that Respondent Yonemori is guilty of a failure to cooperate with Petitioner ODC's investigation or disciplinary proceeding because of Respondent Yonemori's failure to respond timely and to appear in response to a subpoena, Respondent Yonemori's untimely letter (received September 29, 2005) addresses each of her client's grievances and provides sufficient information for Petitioner ODC to proceed. Therefore, immediate suspension would not be appropriate at this time. Respondent Yonemori is admonished to respond quickly and timely to Petitioner ODC in the future. Respondent Yonemori is admonished that this court will not be so lenient with regard to any other failure to cooperate with Petitioner ODC. Accordingly,

IT IS HEREBY ORDERED that the Office of Disciplinary Counsel's petition for the immediate suspension of Respondent Carrie Yonemori is denied without prejudice, and this case is remanded to the Office of Disciplinary Counsel for such further proceedings as are appropriate.

DATED: Honolulu, Hawai'i, November 23, 2005.