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BREINER v. SUNDERLAND

No. 27889.

143 P.3d 1262 (2006)

Myles S. BREINER, Petitioner, v. Magali V. SUNDERLAND, in her capacity as Special Assistant Disciplinary Counsel, and the Office of Disciplinary Counsel, Respondents.

Supreme Court of Hawai`i.

September 22, 2006.

Attorney(s) appearing for the Case

Eric A. Seitz, Lawrence I. Kawasaki, and Ronald N.W. Kim, Honolulu, for petitioner Myles S. Breiner.

Russell A. Suzuki, Deputy Attorney General, for Respondents Magali V. Sunderland and Office of Disciplinary Counsel.

MOON, C.J., LEVINSON, NAKAYAMA, Intermediate Court of Appeals Judge WATANABE, in place of ACOBA, J., recused, and Circuit Judge HARA, in place of DUFFY, J., recused.

PER CURIAM.

Attorney Myles S. Breiner petitions this court for a writ of prohibition or other relief with regard to disciplinary investigations being conducted by Special Assistant Disciplinary Counsel, Respondent Magali V. Sunderland, on behalf of the Office of Disciplinary Counsel (ODC). We grant the petition and order that:

(1) Disciplinary Counsel shall forthwith remove Sunderland from further participation in any investigation involving Breiner;

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