Saturday, November 3, 2018

Crime Before Admission May Lead To Disbarment

Did you know whether an attorney can be disbarred for a conviction that took place nearly a decade before admission?

Yes, according to the California State Bar Court Hearing Department

Even though Respondent’s convictions occurred more than 16 years ago and more than 10 years before Respondent was even admitted to the practice of law in this state, the State Bar Court Review Department suspended Respondent from the practice of law effective October 30, 2017, pending the final disposition of this proceeding.

The crimes

On May 26, 2001, in Sonoma County, respondent drove a 2001 Honda Civic, license plate 4RPAOO7, belonging to Roxana Perez and Nestor Moya, without the consent of Perez or Moya and with the intent to deprive Perez and Moya of possession of the Vehicle. On the same day, respondent drove the same Honda Civic with the intent to evade and elude a pursuing police car. On December 11, 2001, respondent was convicted of violating Vehicle Code sections 10851(a), taking a Vehicle without the owner’s consent, and 2800.2(a), operating a motor vehicle with an intent to evade peace officers, both as felonies.

The attorney had sought to resign and defaulted on the bar charges

Upon entry of Respondent’s default, the factual allegations that are set forth in OCTC’s statement of the facts and circumstances surrounding Respondent’s convictions are deemed admitted, and no further proof is required to establish the truth of such facts.

No moral turpitude but nonetheless disbarment

the court finds that the facts and circumstances surrounding Respondent’s December 2001 convictions for violating the Vehicle Code do not involve moral turpitude, but do involve other misconduct warranting discipline...

Despite adequate notice and opportunity, Respondent failed to participate in this disciplinary proceeding. As set forth in the Rules of Procedure of the State Bar, the court recommends disbarment.

Wonder if the conviction was disclosed in admissions process. Presumably not, but then why was the matter not treated as a failure to disclose?

Doesn't California require a fingerprint criminal background check for admission? (Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2018/11/did-you-know-that-an-attorney-can-be-disbarred-for-a-conviction-that-took-place-nearly-a-decade-before-admission.html

Bar Discipline & Process | Permalink

Comments

Disbarred because she failed to participate in the discipline proceeding, not disbarred because of the crime.

Posted by: David C. Carr | Nov 4, 2018 6:50:07 AM

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