amendments to the Hawaii Rules of Professional Conduct

Rule 3.5. IMPARTIALITY AND DECORUM OF THE TRIBUNAL.
(a) Influencing Decision Maker. A lawyer shall not seek to influence
a judge, juror, prospective juror, discharged juror, or other decision maker by
means prohibited by law.
(b) Harassing or Embarrassing Decision Maker. A lawyer shall not
harass a judge, juror, prospective juror, discharged juror, or other decision maker
or embarrass such person in such capacity.
(c) Disruption of Tribunal. A lawyer shall not engage in conduct
intended or reasonably likely to disrupt a tribunal.
(d) Communication with a Judge or Official. In an adversary
proceeding, a lawyer shall not communicate as to the merits of the cause with a
judge or an official before whom the proceeding is pending except:
(1) in the course of the official proceeding in the cause;
(2) in writing if the lawyer promptly delivers a copy of the writing to
the opposing counsel or to the adverse party if not represented by a lawyer; or
(3) orally upon notice to opposing counsel or to the adverse party if
not represented by a lawyer.
(e) Communication with Jurors. A lawyer shall not:
(1) before the trial of a case with which the lawyer is connected,
communicate with anyone the lawyer knows to be a member of the venire from
which the jury will be selected, with respect to the case or with the intent or
reasonable likelihood of influencing the member with respect to the case;
(2) during the trial of a case with which the lawyer is connected,
communicate with a juror except in the course of the proceedings, with the judge
and opposing counsel present;
(3) during the trial of a case with which the lawyer is not connected,
communicate with a juror concerning the case;
(4) after dismissal of the jury in a case with which the lawyer is
connected, communicate with a juror regarding the trial except that:
(i) upon leave of the court, which leave shall be freely granted, a
lawyer may ask questions of, or respond to questions from, jurors about the trial,
provided that the lawyer does so in a manner that is not calculated to harass or
embarrass any juror and does not seek to influence the juror's actions in future
jury service in any particular case; and
(ii) upon leave of the court for good cause shown, a lawyer who
believes there are grounds for legal challenge to a verdict may conduct an
in-court examination of jurors or former jurors to determine whether the verdict
is subject to challenge. A motion for in-court examination of discharged jurors
under this subsection (e)(4)(ii) shall be served no later than 10 days after the
judgment has been entered unless good cause is shown for the failure to serve
the motion within that time. If the examination is permitted, the court shall
prescribe the time, manner, place, and scope of the examination.
COMMENTS:
[1] Many forms of improper influence upon a tribunal
are proscribed by criminal law. A lawyer is required to avoid
contributing to a violation of such provisions.
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