The Hawaii Supreme Court’s ruling, issued Monday, September 28, 2020, was short and to the point. In two paragraphs, it upheld its earlier order of September 9 disbarring honolulu attorney Gary Victor Dubin following a lengthy proceeding that took out more than two years to play out.
The Supreme Court’s latest order came just one week after Dubin filed a 50-page motion for reconsideration, filed on September 21, accompanied by 33 exhibits.
In addition to its legal arguments, the motion included repeated emotional appeals like this one:
I am begging every Member of this Court to personally review these motion papers, because the conclusions set forth in this Court’s disbarment order are not consistent with and in fact are often contradicted by the actual underlying record….neither I nor any other attorney should have his life, especially at 82, ended in such mistaken disgrace on a misapprehended, rambling, voluminous, hodgepodge of a record, without being granted this one final courtesy and request.
In addition, Dubin’s motion for reconsideration included a 2-page declaration by former Governor John Waihee in support of reconsideration. Waihee had been listed as Dubin’s co-counsel throughout the proceedings, and previously co-hosted a weekly radio program, The Foreclosure Hour.
While rejecting the order for reconsideration, the court did provide Dubin an additional 30 days to wrap up his affairs. Dubin’s disbarment will be effective on Monday, November 9, 2020.
“No further extensions shall be granted,” the court’s order said.
An appeal is likely.
“Failing reconsideration, and based on the numerous federal due process violations detailed in the attached brief, I will seek relief in the United States Supreme Court,” Dubin wrote in an earlier email in response to a post here at iLind.net.
See:
Office of Disciplinary Counsel vs Gary Victor
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I presume and hope that the disbarment order isn’t stayed pending an appeal to the U S Supreme Court or the Easter Bunny. He’s lucky he isn’t headed back to prison. What I have never understood is why the former governor became is law partner.
Desperation for money, drove big spender Waihee to risky business!
Hopefully, He faces the same fate as “Dubious Dubin”.
Due process favors those with money, no matter how acquired.
One of the last cases featured on ‘Foreclosure Hour’ May 10, 2020 by Waihee and Dubin was “HawaiiUSA Federal Credit Union v. Monalim”
http://www.foreclosurehour.com/past-broadcasts.html
Apparently it was a big win for debtors
http://www.hilanduselaw.com/2020/05/hawaii-supreme-court-changes-longtime.html
Jonnaven Jo Monalim — remember him?
https://caselaw.findlaw.com/hi-supreme-court/1437514.html
Commencing on December 28, 1993, Timoteo, Joseph and Monalim were tried before a circuit court jury. ? Dennis Dilwith, Jr., Marc Kaanoi, Michael Barlog, Eric Kaanoi, and Joseph Carrero testified that on September 20, 1989, following an earlier confrontation, they were sitting in the living room of Marc Kaanoi’s house when Monalim and Joseph entered without knocking. ? They testified that Joseph carried a shotgun and told them, “[Y]ou’re all dead.” ? Then Joseph and Monalim proceeded to kick or punch Barlog, Marc Kaanoi, and Carrero. ? Some of the witnesses testified that they saw Timoteo standing at the doorway carrying a garden pick.
I met Dubin in court twice, both times as a pro se plaintiff, back in the late ’80’s. Amazing it took this long or him to be disbarred. First thing out of his mouth was a lie that he knew judge wouldn’t know was a lie. His first phone call to me was an intimidation call.. I had his client in small claims, district, State circuit, and Federal district court over numerous small deliberately unpaid bills. He brought a motion in Federal court to throw out the case. He lost in open court argument- hadn’t done his homework. Client fired him then settled with me. He earned the family nickname ‘dubious Dubin.’ Watched with schadenfreude as his various court misadventures made the news over the years.