Case Number(s): 02-C-11540-RAP
In the Matter of: Victoria M. Walter, Bar # 187805, A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Tammy M. Albertsen-Murray, Bar # 154248
Counsel for Respondent: Bar #
Submitted to: Settlement Judge State Bar Court Clerk’s Office Los Angeles
Filed: April 27, 2007
<<not>> checked. PREVIOUS STIPULATION REJECTED
Note: All information required by this form and any additional information which cannot be provided in the space provided, must be set forth in an attachment to this stipulation under specific headings, e.g., "Facts," "Dismissals," "Conclusions of Law," "Supporting Authority," etc.
1. Respondent is a member of the State Bar of California, admitted April 18, 1997.
2. The parties agree to be bound by the factual stipulations contained herein even if conclusions of law or disposition are rejected or changed by the Supreme Court.
3. All investigations or proceedings listed by case number in the caption of this stipulation are entirely resolved by this stipulation and are deemed consolidated. Dismissed charge(s)/count(s) are listed under "Dismissals." The stipulation consists of 12 pages, not including the order.
4. A statement of acts or omissions acknowledged by Respondent as cause or causes for discipline is included under "Facts."
5. Conclusions of law, drawn from and specifically referring to the facts are also included under "Conclusions of Law".
6. The parties must include supporting authority for the recommended level of discipline under the heading "Supporting Authority."
7. No more than 30 days prior to the filing of this stipulation, Respondent has been advised in writing of any pending investigation/proceeding not resolved by this stipulation, except for criminal investigations.
8. Payment of Disciplinary Costs-Respondent acknowledges the provisions of Bus. & Prof. Code §§6086.10 & 6140.7. (Check one option only):
checked. costs added to membership fee for calendar year following effective date of discipline (public reproval).
<<not>> checked. case ineligible for costs (private reproval).
<<not>> checked. costs to be paid in equal amounts prior to February 1 for the following membership years: (hardship, special circumstances or other good cause per rule 284, Rules of Procedure.)
checked. costs waived in part as set forth in a separate attachment entitled "Partial Waiver of Costs".
checked. costs entirely waived.
9. The parties understand that:
<<not>> checked. (a) A private reproval imposed on a respondent as a result of a stipulation approved by the Court prior to initiation of a State Bar Court proceeding is part of the respondent’s official State Bar membership records, but is not disclosed in response to public inquiries and is not reported on the State Bar’s web page. The record of the proceeding in which such a private reproval was imposed is not available to the public except as part of the record of any subsequent proceeding in which it is introduced as evidence of a prior record of discipline under the Rules of Procedure of the State Bar.
<<not>> checked. (b) A private reproval imposed on a respondent after initiation of a State Bar Court proceeding is part of the respondent’s official State Bar Membership records, is disclosed in response to public inquiries and is reported as a record of public discipline on the State Bar’s web page.
checked. (c) A public reproval imposed on a respondent is publicly available as part of the respondent’s official State Bar membership records, is disclosed in response to public inquiries and is reported as a record of public discipline on the State Bar’s web page.
Please see Stipulation Attachment
Case Number(s): 02-C-11540-RAP
In the Matter of: Victoria M. Walter
checked. a. Respondent must abstain from use of any alcoholic beverages, and shall not use or possess any narcotics, dangerous or restricted drugs, controlled substances, marijuana, or associated paraphernalia, except with a valid prescription.
checked. b. Respondent must attend at least (please See Stipulation Attachment) meetings per month of:
<<not>> checked. Alcoholics Anonymous
<<not>> checked. Narcotics Anonymous
<<not>> checked. The Other Bar
checked. Other program – Please See Stipulation Attachment
As a separate reporting requirement, Respondent must provide to the Office of Probation satisfactory proof of attendance during each month, on or before the tenth (10th) day of the following month, during the condition or probation period.
checked. c. Respondent must select a license medical laboratory approved by the Office of Probation. Respondent must furnish to the laboratory blood and/or urine samples as may be required to show that Respondent has abstained from alcohol and/or drugs. The samples must be furnished to the laboratory in such a manner as may be specified by the laboratory to ensure specimen integrity. Respondent must cause the laboratory to provide to the Office of Probation, at the Respondent’s expense, a screening report on or before the tenth day of each month of the condition or probation period, containing an analysis of Respondent’s blood and/or urine obtained not more than ten (10) days previously.
checked. d. Respondent must maintain with the Office of Probation a current address and a current telephone number at which Respondent can be reached. Respondent must return any call from the Office of Probation concerning testing of Respondent’s blood or urine within twelve (12) hours. For good cause, the Office of Probation may require Respondent to deliver Respondent’s urine and/or blood sample(s) for additional reports to the laboratory described above no later than six hours after actual notice to Respondent that the Office of Probation requires an additional screening report.
checked. e. Upon the request of the Office of Probation, Respondent must provide the Office of Probation with medical waivers and access to all of Respondent’s medical records. Revocation of any medical waiver is a violation of this condition. Any medical records obtained by the Office of Probation are confidential and no information concerning them or their contents will be given to anyone except members of the Office of Probation, Office of the Chief Trial Counsel, and the State Bar Court who are directly involved with maintaining, enforcing or adjudicating this condition.
IN THE MATTER OF: VICTORIA M. WALTER
CASE NUMBER: 02-C-11540-RAP
FACTS AND CONCLUSIONS OF LAW.
Procedural Background
This is a proceeding pursuant to sections 6101 and 6102 of the Business and Professional Code and rule 951 of the California Rules of Court. On September 7, 2004, respondent pled guilty to misdemeanor violations of Health and Safety Code sections 11364 [possession of drug paraphernalia; one count], 11377(a) [possession of methamphetamine; one count], 11550(a) [being under the influence of a controlled substance; one count], and Business and Professions Code section 4140 [possession of a hypodermic needle and/or syringe; one count]. On October 31, 2005, the Review Department of the State Bar Court issued an order referring the matter to the Hearing Department for a hearing and decision recommending the discipline to be imposed in the event that the facts and circumstances surrounding the conviction involved moral turpitude or other misconduct warranting discipline.
Facts
On January 24, 2002, respondent called the paramedics to report that another individual she was with had overdosed on narcotics. The paramedics and the Mill Valley Police Department responded. The police officers asked respondent for identification, and when she opened her purse, a hypodermic syringe fell out. Respondent was also determined to be under the influence of a controlled stimulant at the time. On April 12, 2002, a criminal complaint was filed against her which alleged misdemeanor violations of Health and Safety Code sections 11364, 11377(a) and 11550, and Business and Professions Code section 4140. On June 6, 2002, respondent pled guilty and was placed on diversion pursuant to Penal Code section 1000. However, before she could complete drug diversion, respondent was rearrested on April 23, 2004 for a misdemeanor violation of Health and Safety Code section 11550(a) [being under the influence of a controlled substance]. The April 23, 2004 arrest resulted in a petition being filed to revoke her diversion and to reinstate criminal charges. On September 7, 2004, respondent admitted the allegations of a petition to revoke her diversion, and diversion was terminated and criminal proceedings reinstated. Respondent was placed on three years formal, supervised probation, on conditions including inter alia that she serve 90 days in custody. The criminal court reported the convictions to the State Bar on August 19, 2005.
Legal Conclusion
The facts and circumstances surrounding Respondent’s misdemeanor violations of Health and Safety Code sections 11364, 11377(a), and 11550, and of Business and Professions Code section 4140, do not involve moral turpitude but do involve other misconduct warranting discipline.
The respondent acknowledges that by committing these criminal violations, she willfully failed to uphold the laws of the State of California, in violation of Business and Professions Code section 6068(a).
AUTHORITIES SUPPORTING LEVEL OF DISCIPLINE
In re Kelley (1990) 52 Cal.3d 487;
Standard 2.6 (Offenses Involving Other Specified Sections of the Business and Professions Code, 6068 (a);
Standard 3.4 (Conviction of a Crime Involving Other Misconduct Warranting Discipline).
COSTS OF DISCIPLINARY PROCEEDINGS.
Respondent acknowledges that the Office of the Chief Trial Counsel has informed respondent that as of April 5, 2007, the estimated prosecution costs in this matter are approximately $ 3,530.00. Respondent acknowledges that this figure is an estimate only and that it does not include State Bar Court costs which may be included in any final cost assessment. Respondent further acknowledges that should this stipulation be rejected or should relief from the stipulation be granted, the costs in this matter may increase due to the cost of further proceedings.
PENDING PROCEEDINGS.
The disclosure date referred to, on page one, paragraph A.(6), was April 5, 2007.
ADDITIONAL MITIGATING CIRCUMSTANCES.
Contacting authorities for aid to another: When it appeared to her that another individual had overdosed on narcotics, respondent telephoned the paramedics for assistance, even though that contact resulted in criminal charges being filed against her.
Residential Treatment: After a relapse, respondent entered into in-patient, residential treatment to address her methamphetamine addiction at Centerpoint Treatment Center.
Stipulation: Respondent has taken responsibility for her misconduct and stipulated to the discipline in this case, thus obviating the need for trial, thus obviating the need for further proceedings, including trial, therefore saving judicial resources.
F. OTHER CONDITIONS NEGOTIATED BY THE PARTIES/SUBSTANCE ABUSE CONDITIONS, continued from Stipulation, pages 5 and 6:
1. ATTENDANCE AT ABSTINENCE-BASED SELF-HELP GROUP: Respondent shall attend an abstinence-based self help group of her own choosing, including inter alia, Narcotics Anonymous, LifeRing, S.M.A.R.T, S.O.S. Other self-help maintenance programs are acceptable if they include: (i) a subculture to support recovery (meetings); and (ii) a process of personal development that does not have financial barriers. (See, O’Conner v. Calif. (C.D. Calif. 1994) 855 F. Supp. 303 [No first amendment violation where probationer given choice between AA and secular program].) The program called "Moderation Management" is not acceptable because it allows the participant to continue consuming alcohol. Frequency of meetings: respondent shall attend at least four (8) meetings per month at the rate of at least two per week
Respondent shall furnish to the Probation Unit of the State Bar proof of attendance at the meetings set forth in this Condition. If respondent attends meetings via the interact, respondent shall furnish to the Probation Unit documentary evidence of her participation in such meetings.
2. Respondent acknowledges that she is required to submit to random blood and or urine testing, at the direction of the Probation Unit of the State Bar. Respondent shall furnish to a licensed medical laboratory of her choice upon request of the Probation Unit such blood and/or urine samples as may be required to show that respondent has abstained from the use of alcohol and other drugs. The furnishing of said samples must be observed by laboratory personnel and be conducted in such a manner as my be specified by the laboratory to ensure specimen identification and integrity. Respondent shall cause the laboratory to provide the Probation Unit at respondent’s expense a screening report based on said samples.
3. Respondent acknowledges that the Probation Unit may require respondent to submit herself for observed furnishing of her blood and/or urine samples at the licensed laboratory identified in paragraph 2 above no later than six (6) hours after telephone notice to respondent at the telephone number provided by respondent. The parties acknowledge that any requirement by the Probation Unit for respondent to submit a blood and/or urine sample within six (6) hours shall be made by the Probation Unit no later than 10:00 a.m. of the day the test is being required to allow respondent a reasonable period of time to comply with a same-day request.
SIGNATURE OF THE PARTIES
Case Number(s): 02-C-11540-RAP
In the Matter of: Victoria M. Walter
By their signatures below, the parties and their counsel, as applicable, signify their agreement with each of the recitation and each of the terms and conditions of this Stipulation Re Facts, Conclusions of Law and Disposition.
Signed by:
Respondent: Victoria M. Walter
Date: 4/16/07
Respondent’s Counsel:
Date:
Deputy Trial Counsel: Tammy M. Albertsen-Murray
Date: 4/23/07
Case Number(s): 02-C-11540-RAP
In the Matter of: Victoria M. Walter
Finding the stipulation to be fair to the parties and that it adequately protects the public, IT IS ORDERED that the requested dismissal of counts/charges, if any, is GRANTED without prejudice, and:
checked. The stipulated facts and disposition are APPROVED AND THE REPROVAL IMPOSED.
<<not>> checked. The stipulated facts and disposition are APPROVED AS MODIFIED as set forth below, and the REPROVAL IMPOSED.
<<not>> checked. All court dates in the Hearing Department are vacated.
The parties are bound by the stipulation as approved unless: 1) a motion to withdraw or modify the stipulation, filed within 15 days after service of this order, is granted; or 2) this court modifies or further modifies the approved stipulation. (See rule 125(b), Rules of Procedure.) Otherwise the stipulation shall be effective 15 days after service of this order.
Failure to comply with any conditions attached to this reproval man constitute cause for a separate proceeding for willful breach of rule 1-110, Rules of Professional Conduct.
Signed by:
Judge of the State Bar Court: Pat McElroy
Date: April 25
[Rule 62(b), Rules Proc.; Code Civ. Proc., § 1013a(4)]
I am a Case Administrator of the State Bar Court of California. I am over the age of eighteen and not a party to the within proceeding. Pursuant to standard court practice, in the City and County of Los Angeles, on April 27, 2007, I deposited a true copy of the following document(s):
STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION AND ORDER APPROVING
in a sealed envelope for collection and mailing on that date as follows:
checked. by first-class mail, with postage thereon fully prepaid, through the United States Postal Service at Los Angeles, California, addressed as follows:
VICTORIA M. WALTER
LAW OFC VICTORIA WALTER
451 LAUREL AVE
HALF MOON BAY, CA 94019
checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
TAMMY ALBERTSEN-MURRAY , Enforcement, SAN FRANCISCO
I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on April 27, 2007.
Signed by:
Johnnie Lee Smith
Case Administrator
State Bar Court