Here’s just another little tidbit from the ongoing case against former Kamaaina Termite and Pest Control owner, Michael J. Miske, Jr.

On February 9, 2023, Honolulu attorney John Schum, the court-appointed attorney representing Delia Fabro-Miske, 28, was removed from the case by order of Magistrate Judge Kenneth Mansfield, effective immediately. Schum had been appointed by the court in October 2021. The reason for Schum’s removal was not indicated in the court record.

It now appears likely his removal was related to a complaint in California that resulted in Schum’s one-year suspension from the practice of law in that state, where he has been licensed since 1992. All but the first 60-days of the suspension was “stayed” or deferred, with Schum serving the next 10 months on a probationary status. His license will be restored as long as he complies with several basic conditions.

The disciplinary action was finalized by the California Supreme Court in an order issued on February 24, and the 60-day actual suspension was effective beginning March 26.

Although Schum was admitted to practice law in California in 1992, his primary law practice since 2006 has been in Hawaii, while his California license has been on “voluntary inactive” status except for a few short periods when it was temporarily activated.

On March 2, Judge Derrick Watson ordered Schum to “show cause…why he should not be suspended from practicing in this court,” referring to Honolulu’s Federal District Court. Schum was later given until April 24 to file arguments showing why the court should not impose reciprocal discipline.

On March 31, Hawaii’s Office of Disciplinary Counsel, the agency that administers Hawaii’s system of attorney discipline, filed a petition with the Hawaii Supreme Court recommending similar “reciprocal discipline” based on the findings in the California case.

The California discipline stems from a 2018 incident in which Schum telephoned Comerica Bank and impersonated a man he was having personal “issues” with. While posing as the man, he directed the bank to cancel “his” bank account and credit card.

The victim was on a business trip to New York when he tried to use the credit card to pay for taxi fare and a hotel bill, leading to the discovery that someone used personal information, including his social security number and telephone number, to cancel the accounts.

Schum admitted to the facts as presented, and further acknowledged a “concerted, intentional and dishonest effort to impersonate” the victim and cancel his “personal and business accounts with Comerica.”

However, the statement of facts and conclusions of law in the California case, attached to the ODC petition, notes Schum’s good character and reputation.

Respondent’s good character has been attested to by eight individuals who are aware of the full extent of his misconduct and who still hold him in high regard, and laud his integrity, honesty, competence, and dedication to his clients. Respondent’s character references include 5 attorneys, a retired United States Navy captain, and his church pastor, all of whom have known respondent for significant periods of time ranging from 10 years to over 20 years, and many of whom regard him as a close personal friend. All of respondent’s character references describe his misconduct as an isolated event that is out of character for the person they know respondent to be. The character references also noted that respondent is a well-regarded and well-respected criminal defense attorney in the Hawaii legal community.

In addition, California officials noted Schum had taken responsibility and admitted to the facts, thereby saving the cost of prosecuting the case further. Hawaii officials noted Schum had brought the California suspension to their attention, again taking responsibility. These factors appear to run in Schum’s favor.

Delia Fabro-Miske was married to Mike Miske’s son and only child, Caleb, who died in March 2016 of complications of injuries suffered in a high-speed automobile crash several months earlier. After Caleb’s death, Miske transferred several of his companies into her name, state business registration records show, a move prosecutors allege was an attempt to hide his ownership of the businesses.

She was added as a defendant in the case by a second superseding indictment on July 15, 2021. She is charged with racketeering conspiracy for allegedly participating in the criminal organization prosecutors refer to as the Miske Enterprise, and with bank fraud for allegedly submitting “materially false documents” to Bank of Hawaii as part of a loan application.

Fabro-Miske is now represented by veteran California attorney Marcia Morrissey, and co-counsel Donovan Odo.