Thursday, March 1, 2012

Attorney's Terror Campaign Leads To Disbarment

A recent disbarment is summarized in the March 2012 California Bar Journal:

[An attorney] was summarily disbarred Oct. 20, 2011, and was ordered to comply with rule 9.20 of the California Rules of Court.

[The attorney] was convicted in 2005 of first degree burglary, stalking and solicitation to commit kidnapping (all felonies), and misdemeanor battery and cruelty to a child by endangering health.

The Court of Appeal reversed the conviction in 2007 but was itself reversed by the Supreme Court in 2010. The appellate court then affirmed the conviction but [the attorney] went to the Supreme Court, which denied her petition for review.  Her petition for writ of habeas corpus in federal district court is pending.

The State Bar Court said her conviction is final, despite the pending petition, and recommended summary disbarment. It found that first degree burglary is a felony involving moral turpitude and thus meets the requirement for summary disbarment.

The decision reversing the criminal conviction is linked here. The basis for the reversal was the failure of the trial judge to recuse himself in light of allegations that the attorney had stalked a judicial colleague and friend.

The conviction involved the attorney's teenage daughter, who was removed from her care as a result of allegations of abuse. The attorney tried to disrupt the foster care placement and terrorize the foster parents "in a misguided attempt to monitor and reunite with her daughter." The attorney solicited a client to kidnap her daughter. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2012/03/a-recent-disbarment-is-summarized-in-the-march-2012-california-bar-journal-the-decision-reversing-the-criminal-conviction-i.html

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