HILO — The state Supreme Court allowed a former Republican state legislator who lost the 2016 U.S. Senate race to incumbent Democrat Brian Schatz to resign from the practice of law rather than face the high court’s Disciplinary Board over
HILO — The state Supreme Court allowed a former Republican state legislator who lost the 2016 U.S. Senate race to incumbent Democrat Brian Schatz to resign from the practice of law rather than face the high court’s Disciplinary Board over alleged attorney misconduct.
In an order dated June 30, John S. Carroll, 87, was allowed to voluntarily surrender his law license but was ordered to do so within 30 days of the order’s filing.
Carroll requested to be allowed to continue the practice of law until Oct. 31. The Office of Disciplinary Counsel filed a petition against Carroll on Oct. 21, 2015, and after a formal hearing, hearing officer Barbara Franklin recommended that Carroll be disbarred. His case was then referred to the Disciplinary Board.
“I was planning to retire, anyway. I was before the board, and I was looking at a possible suspension,” Carroll said Wednesday. “And I was given a copy of a law that says you can resign in lieu of discipline. So, I thought, ‘Well, if I can do this and get this over with.’ For one thing, you know, I’m planning to run for U.S. Senate.”
Carroll lost GOP gubernatorial primaries to former Gov. Linda Lingle in 2002 and former Lt. Gov. Duke Aiona in 2010, and a Senate primary to Lingle in 2012. He was defeated by former U.S. Sen. Daniel Akaka in the 2000 general election.
He said he plans to seek the GOP nomination for the U.S. Senate seat held by Mazie Hirono, who defeated Lingle in 2012.
According to ODC’s petition to the Disciplinary Board, in 2013 Carroll misappropriated funds by improperly depositing retainer checks from a 92-year-old Keaau woman, since deceased, for $5,000 and $3,500 into his office business account instead of a client trust account.
Carroll said that was true but denied any fraud or theft in the case, in which he also was accused of a conflict of interest as both the woman’s attorney and the attorney of a 65-year-old man who later married the woman, who was wealthy.
Email John Burnett at jburnett@hawaiitribune-herald.com.
