BROOK HART

Areas of Practice:

Criminal Law; State and Federal Criminal Investigations, Pretrial Proceedings, Trials, Appeals and Post-Conviction Representation

Litigation Percentage:

95% of Practice Devoted to Litigation

Bar Admissions:

Hawaii

California

New York

United States District Court, District of Hawaii

United States Court of Appeals, 9th Circuit

United States Supreme Court

Education:

J.D., Columbia Law School, New York, New York

B.A., Johns Hopkins University, Baltimore, Maryland

Published Works:

Hawaii’s New Public Defender Legislation: A Study in Legislative Overkill (Co-Author), 8 Hawaii Bar Journal 53 (1971)

Report and Guidelines for the Defense of Eligible Persons, National Study Commission on Defense Services, NLADA-LEAA (Co-Author) (1976)

Preliminary Hearings, Public Defender Sourcebook, Singer, ed., Chapter 5, PLI-ABA (1976)

Profiles in Privacy: Airport Travelers, Drug Enforcement Agents and Detector Dogs (Co-Author), 3 Criminal Law Review 35, Clark Boardman & Co. (1981)

Champion Profile (Featured Criminal Defense Attorney), 16 The Champion 51, NACDL (July, 1992)

Plain Nonsense: Misrepresentations and Omissions in [Peter] Carlisle’s and [Mark] Bennett’s Article, Plain Error? (Co-Author), 2 Hawaii Bar Journal 32 (Dec., 1998)

The Hawaii Supreme Court’s Criminal Law Decisions 1997-1998: Fair Use of the Doctrine of Plain Error?, II Hawaii Bar Journal 49 (No. 13) (1998)

Classes/Seminars:

Speaker, Advanced Criminal Law Seminars, Aspen, Colorado, 1981, 1985, 1987, 1992

Faculty, National Institute of Trial Advocacy, 1987

Faculty, Hawaii Institute of Continuing Legal Education, 1988

Speaker, NACDL Aspen CLE Seminar, 2000

Faculty Member, ABA-LEI National Continuing Legal Education Conference, Vail, Colorado, 2001

Adjunct Professor / Lecturer in Law at the University of Hawaii Law School, Hawaii Innocence Project Seminar, Course Numbers: LAW 590S & 590T, 2005 – Present

Faculty, NACDL 4th Annual West Coast White Collar Criminal Defense Conference, San Diego, California, 2014

Honors and Awards:

Rated “AV Preeminent,” the highest possible rating for ethical standards and professional ability, by Martindale-Hubbell legal publications.

Fellow, American Board of Criminal Lawyers, 1980 – Present

Fellow, American College of Trial Lawyers, 2009 – Present

The Best Lawyers in America, 1983 – Present

Featured on the national Super Lawyers website, 2008 -Present

Hawaii’s A+ Attorneys, Honolulu Magazine, 1993 – Present (every edition containing this feature since 1993), including designation as the State of
Hawaiis Outstanding Criminal Defense Lawyer by Honolulu Magazine in 2013

National Association of Criminal Defense Lawyers Diamond Jubilee Defender award, 2018

The Reginald Heber Smith Award as the Outstanding Public Defender in the Nation, National Legal Aid and Defender Association, 1971

Professional Associations and Memberships:

Hawaii Public Defender Advocacy Institute, 1993 – Present

Committee on Implementation of the Federal Criminal Justice Act Plan for the District of Hawaii, Coordinator, 1980

California Attorneys for Criminal Justice, Member, 1978 – Present

Committee to Select the Federal Public Defender for District of Hawaii, 1981 – 1983, 1994

American Inns of Court IV, Hawaii, Master of the Bench, 1982 – Present

Hawaii Supreme Court, Judicial Council of Hawaii Committee on Penal Code Revision and Reform, Member, 1983 – 1985

Hawaii State Judicial Conference, Member, 1986 – 2002

Hawaii Supreme Court Permanent Committee on Rules of Penal Procedure and Circuit Court Criminal Rules, Member, 1984 – Present

Hawaii Supreme Court Permanent Committee on Pattern Criminal Jury Instructions, Member, 1993 – 1996

Hawaii State Bar Association, Member

The State Bar of California, Member

American Judicature Society, Member

National Legal Aid and Defender Association, Member

National Association of Criminal Defense Lawyers, Life Member

Hawaii Association of Criminal Defense Lawyers, Member

Past Employment Positions:

Honorable Martin Pence, Chief Judge, United States District Court, District of Hawaii, Law Clerk, 1966 – 1967

Law Offices of Hy Greenstein, Associate, 1968 – 1970

Legal Aid Society of Hawaii, Chief Public Defender, 1970 – 1972

Hart, Sherwood, Leavitt, Blanchfield & Hall (and its progeny), Partner, 1972 – 1980

Hart & Wolff, Partner, 1980 – 1996

Representative Cases:

State of Hawaii v. John Doe, M.D., Representation of Hawaii physician accused of criminal sexual activity with his patient. After vigorous advocacy, investigation discontinued and prosecution declined by Hawaii prosecutors in the pre-grand jury phase; with the assistance of co-counsel, civil aspects of the case settled privately. (2003)

United States v. Richard Roe Company, Inc., After United States FDA investigation lasting more than one year, and on the eve of a proposed indictment by the federal grand jury, with co-counsel extensively advocated to the U.S. Attorney for the District of Hawaii and representatives of the U.S.D.O.J. that no prosecution should commence. Federal prosecutors then agreed, determining that there should be no further investigation or prosecution. The company, accused of smuggling, FDA violations and other offenses, was vindicated. (2003-2004)

United States v. One Unnamed Computer Software Engineer, This case involved advocacy over a fourteen-month period on behalf of a computer software engineer accused of the theft of computer related trade secrets. Result: In response to Mr. Hart’s advocacy, federal prosecutor declined to present the case to a federal grand jury; client vindicated. (2004)

United States v. Rutledge, et al. (Unity House, Inc., In Receivership), Criminal No. 02-00438-DAE-BMK (D. Hawaii), U.S. prosecuted senior executives of a labor benefits corporation (assets: approximately $40 million). Charges included theft, tax evasion and racketeering accusations. Per court order, U.S. seized the organization and the court placed Unity House in receivership. Mr. Hart was appointed by the Chief Judge of the United States District Court, District of Hawaii, David Alan Ezra, to serve as General Counsel to the Receiver of Unity House. For twenty-three months, Mr. Hart and his team directed the activities of numerous lawyers, accountants, and other professionals, to manage the assets of Unity House and pursue claims asserted by the Receiver on behalf of the seized corporation. The Receivership recovered more than $18 million for Unity House, Inc. Chief Judge Ezra characterized Mr. Hart’s efforts as the most successful Receivership that Judge Ezra had adjudicated during the then eighteen years that he had been a federal judge. (2004-2006)

United States v. Chapman, et al., 459 F. Supp. 2d 1024 (D. Hawaii 2006), Extradition proceedings initiated when Mexico sought extradition of Hawaii residents Duane Lee Chapman, Leland Blane Chapman, and Timothy Charles Chapman, popular television personalities and stars of A&E TV’s “Dog, the Bounty Hunter.” After briefing and a hearing, the District Court (Kurren, MJ) found “special circumstances” and granted extraordinary bail to the Respondents, pending final (successful) resolution of the extradition proceedings, and the underlying case pending in Mexico.

United States v. Medical Corporation, Mr. Hart used diligent and creative advocacy to convince the government to charge a dermatologist’s medical corporation, instead of the dermatologist himself, with medical fraud. Thus, the dermatologist maintained his clean criminal record and was able to continue practicing medicine. (2007-2008)

State of Hawaii v. Alleged Child Sexual Abuser, After Defendant’s conviction while represented by another lawyer, and on the eve of a mandatory sentence of twenty years, Mr. Hart obtained bail pending appeal for the client and subsequently won an order from the Hawaii Intermediate Court of Appeals vacating Defendant’s conviction of first-degree sexual assault of his juvenile daughter. On remand, Mr. Hart negotiated a deferred plea acceptance to a minor misdemeanor that enabled the Defendant to obtain dismissal of the charge and expungement of the record of his original arrest. (2006-2011)

State of Hawaii v. Alvin Francis Jardine III, Criminal No. 91-0004, S.P.P. No. 10-1-0014 (Second Circuit Court, Maui, Hawaii) As co-counsel with the Hawaii Innocence Project, Mr. Hart advocated renewed DNA testing for Defendant wrongfully convicted of sexual assault and related offenses and imprisoned since 1991. New DNA testing excluded Defendant from the scene of the offense. In January of 2011, a petition to set aside conviction and for a new trial was granted by the Maui Circuit Court (August, J.), and the Defendant was released on bail. In July of 2011, the indictment was permanently dismissed when prosecutors declined further prosecution.

State of Hawaii v. Adam Mau, Criminal Nos. 06-1-1393 and 08-1-0809 (First Circuit Court, Hawaii), Prosecution of mentally ill young man accused of numerous crimes in an 18-count indictment, including triple murder, weapons, robbery, burglary, and theft offenses, and in a second separate indictment, accused of second-degree assault and attempted first-degree assault on a correctional officer. Hawaii’s First Circuit Court granted Defendant’s Motion to Suppress all evidence seized from the Defendant’s home pursuant to a warrant issued after Defendant was arrested at a location remote from his home. After advocacy by lead counsel Mr. Hart and co-counsel, the client was ordered removed from prison confinement and remanded to the state hospital for mental health treatment and an attempt to restore his competency. Mr. Hart and co-counsel represented Mr. Mau in the criminal context from 2006 to 2018, when the First Circuit Court ruled that Mr. Mau was incompetent to stand trial and all of the charges were dismissed with prejudice pursuant to United States Supreme Court and Hawaii Supreme Court precedent. Mr. Mau was civilly committed to the Hawaii State Hospital for further treatment and care.

Mr. Hart’s “baker’s dozen” rules for the successful practice of law are as follows:

1. Always be 100% truthful with clients, courts, juries, and opposing counsel.

2. Keep all promises and commitments.

3. Do not procrastinate.

4. Return telephone calls and e-mail inquiries promptly.

5. Always visit the scene(s) of the alleged offense(s).

6. Always carefully research the applicable law.

7. Stay physically fit.

8. Maintain an appropriate professional relationship with clients.

9. Avoid counterproductive behavior.

10. Pay attention to family, and fairly acknowledge others who help you.

11. Listen carefully to clients.

12. Revere the court reporter.

13. Retain a sense of humor.

Company Firm

Law Offices of Brook Hart, AAL, ALC
Website

Firm Mailing



Hawaii

Fellow Since

October 10, 2009

Practice Areas

  • Criminal Defense
  • White Collar-Defense

Chapter

  • Hawaii