Background
The Office of the Disciplinary Counsel petitioned the Hawaiʻi Supreme Court to immediately restrain attorney Nathan Yan Ho Dykstra from practicing law under Rule 2.13 of the Rules of the Supreme Court of the State of Hawaiʻi.
The petition was based on proof that the Circuit Court of the First Circuit found Dykstra guilty of one count of second-degree sexual assault, two counts of attempted second-degree sexual assault, and one count of kidnapping, all felonies. The supreme court gave Dykstra 20 days from service of an August 12, 2026 order to explain why he should not be immediately suspended, but he did not respond.
The Court’s Holding
The Hawaiʻi Supreme Court immediately restrained Dykstra from practicing law under RSCH Rule 2.13(b), pending final disposition of a disciplinary proceeding based on the findings of guilt.
The court specified that the immediate restraint constitutes a suspension for purposes of RSCH Rule 2.16. It directed the Disciplinary Board to provide notice of the suspension under Rule 2.16(e)-(f) and ordered the Office of the Disciplinary Counsel to serve Dykstra with the order.
Key Takeaways
- Felony findings of guilt supported immediate restraint from the practice of law while disciplinary proceedings remain pending.
- Dykstra did not respond after receiving an opportunity to state why immediate suspension should not be imposed.
- The restraint operates as a suspension under the Hawaiʻi attorney-discipline rules.
Why It Matters
The order illustrates the Hawaiʻi Supreme Court’s authority to remove an attorney from practice immediately after proof of serious felony findings of guilt, without waiting for final resolution of the resulting disciplinary proceeding.