Electronically Filed 

Supreme Court 

SCAD-13-0003586 

06-NOV-2013 

11:39 AM 

SCAD-13-0003586
 

IN THE SUPREME COURT OF THE STATE OF HAWAI'I 

OFFICE OF DISCIPLINARY COUNSEL,


Petitioner,
 

vs.
 

CHRISTOPHER M. FUJIYAMA,


Respondent.
 

ORIGINAL PROCEEDING
 

(ODC 13-031-9101)
 

ORDER GRANTING PETITION
 

(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
 

Upon consideration of the petition for the immediate
 

restraint of Respondent Christopher M. Fujiyama from the practice
 

of law pursuant to Rule 2.13 of the Rules of the Supreme Court of
 

the State of Hawai'i (RSCH) filed on September 25, 2013 by the 

Office of Disciplinary Counsel (ODC) pursuant to RSCH Rule
 

2.13(a), the affidavit and exhibits attached thereto, the
 

September 27, 2013 response filed by Respondent Christopher M.
 

Fujiyama, the exhibit accompanying Respondent Fujiyama’s
 

submission, the October 3, 2013 submission by ODC in reply to
 

Respondent Fujiyama’s submission, and the October 7, 2013 


“sur-reply” filed by Respondent Fujiyama, the court notes the
 
proof of the finding of guilt in the United States District Court 

for the District of Hawai'i of Respondent Fujiyama for 

trafficking in counterfeit goods, in violation of 18 U.S.C. 

§ 2320(a) would be, pursuant to 18 U.S.C. § 2320(b) and HRS 

§ 701-107(2) (Supp. 2005), a felony were it a conviction in 

Hawai'i state courts and further that the conviction is for a 

crime involving dishonesty or false statements. The court notes 

Respondent Fujiyama’s cooperative and responsible attitude since 

his conviction, including his self-reporting of his conviction to 

ODC, but concludes, pursuant to RSCH Rules 2.13(a)(2), 2.13(a)(3) 

and 2.13(c), Respondent Fujiyama’s restraint from the practice of 

law is warranted during the pendency of the disciplinary 

proceedings against him. Finally, the court notes that, in his 

submission, Respondent Fujiyama requests that formal proceedings 

be instituted forthwith. Therefore, 

IT IS HEREBY ORDERED that Respondent Fujiyama is
 

restrained from the practice of law, pursuant to RSCH Rule
 

2.13(b), said suspension constituting a suspension for the
 

purposes of RSCH Rule 2.16 during the pendency of the
 

disciplinary proceedings and, therefore, shall be effective 30
 

days from the entry date of this order, pursuant to RSCH Rule
 

2.16(c).
 

IT IS FURTHER ORDERED that Respondent Fujiyama shall
 

file an affidavit of compliance with his suspension within 10
 

2
 
days after the effective date of his suspension, pursuant to RSCH
 

Rule 2.16(d).
 

IT IS FURTHER ORDERED that ODC shall file proof of the
 

finding of guilt, and any other related documents it deems
 

relevant, with the Disciplinary Board of the Supreme Court as
 

required by RSCH Rule 2.13(a), file in the docket of this case
 

proof of that filing, and refer the Board to the provisions of
 

RSCH Rule 2.13(d) for the prompt institution of a formal
 

disciplinary proceeding pursuant to RSCH Rules 2.7 and 2.13(d).
 

DATED: Honolulu, Hawai'i, November 6, 2013. 

/s/ Mark E. Recktenwald 

/s/ Paula A. Nakayama 

/s/ Simeon R. Acoba, Jr. 

/s/ Sabrina S. McKenna 

/s/ Richard W. Pollack 

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