NO. 26517


IN THE SUPREME COURT OF THE STATE OF HAWAI‘I




OFFICE OF DISCIPLINARY COUNSEL, Petitioner,

vs.

RONALD G.S. AU, Respondent.

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PETITION TO AMEND ORDER OF SUSPENSION,
FILED JUNE 7, 2005,

RONALD G.S. AU, Movant.



(ODC 95-242-4701, ODC 97-213-5407, 98-064-5555)





ORDER DENYING MOTION FOR AMENDMENT OF ORDER OF SUSPENSION
(By: Moon, C.J., Levinson and Nakayama, JJ., and
Circuit Judge Crandall, in place of Acoba, J., recused,
and Circuit Judge Wong, in place of Duffy, J., recused

Upon consideration of the Respondent Ronald G.S. Au's "Petition to Amend Order of Suspension, Filed June 7, 2005," which we treat as a motion made pursuant to Rule 27 of the Hawai'i Rules of Appellate Procedure, the Office of Disciplinary Counsel's response to Movant Au's Petition to Amend Order of Suspension, Movant Au's Reply to the Office of Disciplinary Counsel's response, and the record, it appears, upon careful review of the record, that the August 25, 2006 Affidavit of Wayne Yoshimoto does not recant the previous sworn testimony of Mr. Yoshimoto that he had a 5% runner's fee agreement with Movant Au. Therefore,

IT IS HEREBY ORDERED that, pursuant to HRAP 27, the motion to amend the order of suspension is denied.

DATED: Honolulu, Hawai'i, December 17, 2008.


Ronald G.S. Au,
movant

Charles H. Hite,
Acting Chief Disciplinary
Counsel, for Office of
Disciplinary Counsel