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CHAIR: Yes, so why don't we have a few minutes to just — everybody can take a closer <br />look at it. <br />COLE: While you're reading it, can I make a statement, just to help you frame your <br />reading? <br />LUM: I think we have to - <br />CHAIR: Hold on a second, let's read. <br />(The Board members took a few minutes to read the draft.) <br />CHAIR: Have you all had a chance to read it? Okay, just to clarify to everybody and the <br />Board. This draft informal advisory opinion again is just going over the vote and the <br />decision that was made by this Board at our 6110109 meeting. So what we're voting on is <br />whether this informal advisory opinion reflects what decision was made by this Board. <br />Mr. Cole, if you have a statement, you can keep it brief. <br />COLE: Yes, I'd like to state that this draft informal advisory, as advertised on the <br />agenda, is in violation of Hawai `i Revised Statutes, the Sunshine Law, as it deliberately <br />obscures the name of the petitioner and does not truly reflect for public scrutiny the <br />actuation of what's happening here. That so said, be advised that the statements of the <br />draft itself are in violation of Hawai `i Revised Statutes 710 -1030 regarding hindering of <br />prosecution. They're also in violation of Title 18 of the United States Code, subsection 3, <br />accessory after the fact. The documents as presented by the attorney's signature are in <br />violation of Hawai `i Revised —Hawai `i Rules of Professional Conduct, Rule 8a, <br />misconduct. It is professional misconduct for a lawyer to (a) violate or attempt to violate <br />the rules of professional conduct, knowingly assist or induce another to do so, or to do so <br />through acts of another, (b) commit a criminal act that reflects adversely on the <br />attorney's honesty, trustworthiness, or fatness as a lawyer in other respects, (c) engage in <br />conduct involving dishonesty, fraud, deceit, and misrepresentation. <br />CHAIR: Thank you. <br />COLE: Please continue. <br />CHAIR: Okay, so have we all had a chance to review the- <br />LUM.• I move that we accept this informal advisory opinion. <br />NICHOLSON: I second. <br />CHAIR: Okay. We have a motion to accept the informal advisory opinion regarding <br />Petition No. 2009 -2. All in favor? <br />(Ayes heard simultaneously.) <br />9 <br />