IN THE SUPREME COURT OF THE STATE OF HAWAI‘I


In the Matter of the Amendment

of the

Hawai‘i Revised Code of Judicial Conduct


ORDER AMENDING RULE 3.7(a) OF
THE HAWAI‘I REVISED CODE OF JUDICIAL CONDUCT
(By: Moon, C.J., Nakayama, Acoba, Duffy, and Recktenwald, JJ.)


IT IS HEREBY ORDERED that Rule 3.7(a) of the Hawai‘i Revised Code of Judicial Conduct, is amended, effective July 1, 2010, as follows (new material is underscored):

Rule 3.7. PARTICIPATION IN EDUCATIONAL, RELIGIOUS, CHARITABLE, FRATERNAL, OR CIVIC ORGANIZATIONS AND PRO BONO ACTIVITIES

(a) Subject to the requirements of Rule 3.1, a judge may participate in activities sponsored by organizations or governmental entities concerned with the law, the legal system, or the administration of justice and those sponsored by or on behalf of educational, religious, charitable, fraternal, or civic organizations not conducted for profit, including but not limited to the following activities:

* * *

(8) participating in pro bono activities to improve the law, the legal system or the legal profession or that promote public understanding of and confidence in the justice system and that are not prohibited by this code or other law. Such pro bono activity may include activity that is related to judicial activity, but not required to fulfill the duties of judicial office.

Code Comparison
The Hawai‘i Revised Code of Judicial Conduct modifies ABA Model Code Rule 3.7 by adding paragraphs (7) and (8).

(b) A judge may encourage lawyers to provide pro bono publico legal services.


COMMENT:

* * *

[6] Examples of "pro bono activity . . . related to judicial activity, but not required to fulfill the duties of judicial office" include: (i) judging moot court for law school classes, high school mock trials or We the People competitions; (ii) giving speeches or presentations on law-related topics, such as (a) at the Judiciary's Lunch and Learn the Law events, (b) to a bar association or section, or (c) to other groups, like high school civics classes or Rotary Club groups; (iii) serving on Judiciary committees, such as the rules committees; (iv) serving on the board of a law-related organization, such as the American Judicature Society, or delivering presentations on behalf of such organizations; or (v) serving on continuing legal education committees, Bar Association committees, and committees of the Access to Justice Commission.


DATED: Honolulu, Hawai‘i, February 11, 2010.