Attorney Earle A. Partington has requested this court to amend the opinion in State v. Apao, 59 Haw. 625, 586 P.2d 250 (1978). The opinion assumes arguendo that attorney Partington, as a deputy prosecuting attorney, was guilty of misconduct. However, after an independent investigation, the Office of Disciplinary Counsel of this court determined that there was no misconduct by Partington.
Attorney Partington first requested this court to amend the Apao opinion approximately 3 1/2 years after the opinion was issued. In the meantime the composition of this court had changed. The request to amend the opinion was untimely. Moreover, there would be a serious question whether this court, composed of entirely different members, could amend the prior court's opinion. However, in order to avoid unfair impugnment of counsel's integrity,
BE IT RESOLVED, that any implications of misconduct by attorney Partington found in the opinion of this court in State v. Apao are not borne out by independent investigation, and
BE IT FURTHER RESOLVED that a copy of this resolution be published in the Hawaii Reports.
HERMAN LUM Chief Justice
EDWARD H. NAKAMURA Associate Justice
FRANK D. PADGETT Associate Justice
YOSHIMI HAYASHI Associate Justice
JAMES H. WAKATSUKI Associate Justice