NO. 27685



IN THE SUPREME COURT OF THE STATE OF HAWAI`I



OFFICE OF DISCIPLINARY COUNSEL, Petitioner,


vs.


CHARLES R. BROWN, Respondent.


(ODC 05-113-8265, ODC 05-178-8330,
ODC 05-179-8331, ODC 05-180-8332)





ORDER DENYING MOTION TO VACATE ORDER OF SUSPENSION
(By: Moon C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)

Upon consideration of Respondent Charles R. Brown's Motion to Vacate Order Granting Petition for the Immediate Suspension of Respondent Charles R. Brown from the Practice of Law Pursuant to RSCH Rule 2.12A ("motion to vacate"), the Office of Disciplinary Counsel's response thereto, and the record, it appears that Respondent Brown was properly served with, inter alia, the RSCH 2.12A petition and the court's January 13, 2006 order to show cause by certified mail on February 16, 2006. Under HRCP 5(b)(3), service by mail is complete upon mailing. Therefore,

IT IS HEREBY ORDERED that Respondent Brown's motion to vacate is denied.

DATED: Honolulu, Hawai'i, November 8, 2006.



Charles R. Brown,
respondent pro se,
on the motion

Carole R. Richelieu,
Chief Disciplinary Counsel,
for petitioner, on the
opposition