Yes, I’m still tracking the disbarment process in the case of former high flying Honolulu foreclosure attorney Gary Victor Dubin, and he got another double dose of bad news this past week.

A three-judge panel of Hawaii’s US District Court had issued an Order of Disbarment at the end of September, stripping Dubin of his license to practice in the Hawaii court.

On Wednesday, Federal Judge Jill Otake dismissed Dubin’s latest attempt go back and relitigate last year’s disbarment by the Hawaii Supreme Court, which had triggered the federal court disbarment though the reciprocal discipline agreements between the courts.

In this final civil lawsuit, Dubin sought to have his disbarment set aside on the basis that Hawaii’s Office of Disciplinary Counsel, its Chief Disciplinary Counsel, and the chair of the Disciplinary Board, engaged in improper communications while his disbarment proceedings were underway which amounted, Dubin claimed, to “extrinsic fraud” which violated his constitutional rights.

The lawsuit mirrored an earlier civil lawsuit also filed in federal court and previously dismissed. The earlier case included a longer list of defendants, including the individual members of the Hawaii Supreme Court and of the Disciplinary Board.

When contacted for comment earlier this month, Dubin continued to express confidence that his latest complaint was going to gain traction.

“I am meanwhile, to disappoint you, not dead, not even in the U.S. District Court for the District of Hawaii,” Dubin responded in an email, “as my other case there to reverse my state court disbarment is still alive notwithstanding the relative minor skirmish regarding reciprocal discipline which recent decision however I am certain you will overplay as usual.”

Despite his bluster, this case was dismissed “for lack of subject matter jurisdiction,” without need for further argument, notice, or an opportunity to respond. Otake took pains to note that Dubin had already argued the same issues before the Hawaii Supreme Court during his disciplinary proceedings, and in a motion seeking reconsideration after the court issued its disbarment order, as well as in the “show cause” proceedings that led to his federal disbarment, and in the earlier federal civil case against the Hawaii Supreme Court justices and other.

A copy of Otake’s order dismissing the case appears below.

One day after the case was dismissed, the 9th Circuit Court of Appeals revived its own reciprocal discipline process, which had been on hold.

This reciprocal discipline matter was stayed pending respondent’s contemplated petition for writ of certiorari to the United States Supreme Court. Respondent’s petition for writ of certiorari has since been denied and the stay is lifted. Within 30 days of this order, respondent must either resign from the bar of this court or show cause why he should not be deemed ineligible to practice law in this court and ordered to withdraw from all pending cases in which he is counsel of record. No further stays or requests for an extension of time will be entertained. [Entered: 10/14/2021 09:02 AM]

Order Dismissing Civ. 21-00392, Gary Dubin v. Office of the Disciplinary Counsel, et al. by Ian Lind on Scribd