At 9:41 a.m. Tuesday morning, November 10, a unanimous Hawaii Supreme Court issued an order denying last minute appeals from or on behalf of Gary Dubin, now a former foreclosure attorney.

“Insofar as the effective date of Respondent Dubin’s disbarment remains November 9, 2020, Respondent Dubin is now disbarred from the practice of law,” the court concluded in today’s order.

The court’s action, likely its final order in a disciplinary case that has dragged on over several years, came in response to a flurry of last-minute legal motions and accompanying exhibits Dubin filed between November 2 and November 8.

Dubin did win one Pyrrhic victory. The court agree with Dubin’s argument that the Office of Disciplinary Counsel improperly disclosed the number of its cases that are still pending against Dubin. The information had been submitted as part of an October 19, 2020 memo filed by ODC in opposition to Dubin’s request for a delay in the effective date of his disbarment to allow an appeal to the U.S. Supreme Court.

“There are 20 pending disciplinary complaints against Respondent, and there are nine pending claims with the Lawyer’s Fund for Client Protection,” the ODC memo disclosed. That information was cited here in a November 2 post here (“Dubin request for delay in disbarment denied by Justice Elena Kagan“).

The court agreed the information was confidential, ordered the original document to be sealed, and directed ODC to file a redacted version within 10 days.

At 9:59 p.m. November 8, the night before Dubin’s scheduled disbarment, attorney Keith Kiuchi notified the court that his law firm would be taking over Dubin’s remaining clients and cases, which will involve reviewing each case, consulting with each client, assisting in finding another attorney for those who choose to do so, and consulting with presiding judges and opposing counsel in hundreds of active cases.

In light of the amount of work involved, Kiuchi asked the court to delay Dubin’s disbarment so that he would be able to assist in the transition and allow a more orderly process.

However, the court rejected any further delay.

We note that this court afforded Respondent Dubin 60 days to complete the closure of his law practice and that neither Respondent Dubin nor attorney Kiuchi offers compelling evidence as to why this period of time was insufficient for Respondent Dubin to inform clients of his disbarment and arrange for the return of their client files or the transfer of those files to associate, or other, counsel…In addition, attorney Kiuchi’s submission indicates that a transfer of the law practice from Respondent Dubin to Kiuchi, pursuant to HRPC Rule 1.17, may have already occurred, obviating the need for the involvement of this court.

Further, the court noted: “Respondent Dubin may only assist attorney Kiuchi to the extent that Dubin’s conduct does not constitute the practice of law.”

Finally, the Office of Disciplinary Counsel submitted a bill for $16,485.55 in expenses it incurred in Dubin’s case. The Hawaii Supreme Court’s disbarment order requires these costs be paid by Dubin.

There may one one faint hope remaining remaining for Dubin. On November 3, he submitted an application for an emergency stay to U.S. Supreme Court Justice Clarence Thomas. It had earlier been denied by Justice Elena Kagan, who handles such matters for the 9th Circuit Court of Appeals.