March 2, 2011
If I Had A Hammer
From the March 2011 edition of the California Bar Journal:
[An attorney] was suspended for three years, stayed, placed on four years of probation with an 18-month actual suspension and he was ordered to prove his rehabilitation, take the MPRE and comply with rule 9.20 of the California Rules of Court. The order took effect Dec. 10, 2010.
[He] stipulated that he was convicted of two felonies and a misdemeanor, misconduct that warrants discipline.
In 2008, he was found guilty of misdemeanor driving under the influence and driving with a blood alcohol content of more than .08 percent. He completed a nine-month first offender program, and paid fees and a fine.
He was arrested again and pleaded no contest to felony spousal battery after his wife suffered swelling on her forehead, a cut lip, scratches on her thigh and bruises on her upper legs and buttocks. She refused medical attention. [The attorney] suffered bruising on his thigh. He enrolled in a substance abuse program and a year-long program for batterers.
Several months later, [he] again was arrested and pleaded no contest to assault with a deadly weapon. He had met a man in a bar, the two stayed overnight at the home of another man and in the morning, without explanation, Kinney hit the first man on the forehead with a hammer. The victim was treated for cuts, redness and swelling on his forehead.
In mitigation, [the attorney] had no discipline record, he cooperated with the bar’s investigation, and he has alcohol and mental health problems and emotional and family problems.
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