Case Number(s): 05-C-03649-RAH
In the Matter of: Jeffrey Charles Bogert, Bar # 132778, A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Brooke A. Schafer, Bar # 194824,
Counsel for Respondent: Kevin P. Gerry, Bar # 129690,
Submitted to: Assigned Judge – State Bar Court Clerk’s Office Los Angeles.
Filed: May 24, 2006.
<<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 December 11, 1987.
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):
<<not>> checked. Costs are added to membership fee for calendar year following effective date of discipline (public reproval).
checked. Case ineligible for costs (private reproval).
<<not>> checked. Costs are to be paid in equal amounts prior to February 1 for the following membership years: . (Hardship, special circumstances or other good cause per rule 5.132, Rules of Procedure.) If Respondent fails to pay any installment as described above, or as may be modified by the State Bar Court, the remaining balance is due and payable immediately.
<<not>> checked. Costs are waived in part as set forth in a separate attachment entitled "Partial Waiver of Costs".
<<not>> checked. Costs are 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.
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.
<<not>> 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.
See additional requirement re: evaluation and treatment conditions.
Case Number(s): 05-C-03649
In the Matter of: Jeffrey Charles Bogert, State Bar No.: 132778
<<not>> 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.
<<not>> checked. b. Respondent must attend at least meetings per month of:
<<not>> checked. Alcoholics Anonymous
<<not>> checked. Narcotics Anonymous
<<not>> checked. The Other Bar
<<not>> checked. Other program
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.
checked. f: Respondent’s evaluation and treatment conditions are continued in the Attachment section hereto.
IN THE MATTER OF: JEFFREY BOGERT, State Bar No. 132778
STATE BAR COURT CASE NUMBER: 05-C-3649-RAP
I. PENDING PROCEEDINGS
The disclosure date referred to on page one, paragraph A(6), was April ~ (o, 2006.
II. PARTIES ARE BOUND BY THE STIPULATED FACTS
Respondent admits that the following facts are tree and that he is culpable of violations of the specified statutes and/or Rules of Professional Conduct. The parties understand they are bound by the stipulated facts contained in this stipulation. This stipulation as to facts shall independently survive even if the conclusions of law are rejected or changed in any manner by the Hearing Department or the Review Department of the State Bar Court, or by the Supreme Court.
III. WAIVER OF FINALITY OF CONVICTION (rule 607)
Pursuant to the Rules of Procedure of the State Bar of California, rule 607, the parties stipulate that the Court may decide the issues as to the discipline to be imposed even if the criminal convictions discussed herein are not final.
Respondent waives any requirement as to finality of conviction and consents to the State Bar Court’s acceptance of this Stipulation as to Facts and Conclusions of Law as if the conviction were final, including the entry of findings consistent with this Stipulation, imposition of discipline, or entry of a recommendation as to the degree of the discipline to be imposed.
Respondent waives any right to challenge, on the basis of a lack of finality of his conviction, the State Bar Court’s recommendation of discipline, if any, and the actual imposition of discipline, if any, by the State Bar Court or the Supreme Court.
Respondent further waives any right he may have to seek review or reconsideration on the basis of any relief he may receive as a result of any appeal of, or petition regarding, the criminal conviction underlying any recommendation of and/or actual imposition of discipline by the State Bar Court or the California Supreme Court.
IV. STIPULATION AS TO FACTS AND CONCLUSIONS OF LAW
Respondent was admitted to the practice of law in the State of California on December 11, 1987, was a member at all times pertinent to these charges, and is currently a member of the State Bar of California. The State Bar Court has jurisdiction over this matter.
Facts
Respondent was stopped for a traffic infraction by Los Angeles police officers in May 2005. The officers noticed signs of intoxication on Respondent’s person, and asked hiln to perform field sobriety tests. Based on observations, admission to drinking and his performance on the FSTs, police arrested Respondent on suspicion of Driving Under the Influence, a criminal misdemeanor.
Once at the police station Respondent submitted to a test of his breath alcohol. The results of that test registered. 12%, in excess of the .08% BAC limit in California. He was charged with DUI. Ultimately the charge was plead down to an alcohol-related, or "wet, "Reckless Driving, still a criminal misdemeanor. (Vehicle Code sec. 23103). Among other things, Respondent was sentenced to community service, a fine and AA meetings.
This is Respondent’s second DUI-type conviction. He has a prior DUI from 2001.
Conclusion of law
The facts and circumstances surrounding Respondent’s conviction for an alcohol-related Reckless Driving (Vehicle Code section 23103), does not involve moral turpitude but does involve other misconduct warranting discipline and constitute a wilful violation of Business and Professions Code section 6068(a).
V. ASAM EVALUATION AND TREATMENT CONDITION
Respondent specifically understands and agrees to the following evaluation and treatment conditions:
I. Respondent shall, with assistance and approval of the Office of Probation, select a medical doctor certified by the American Society of Addiction Medicine (ASAM) for the purpose of submitting to a substance abuse evaluation (the "’Evaluation"). The Evaluation shall take place within sixty (60) days of the effective date of this reproval. Prior to the Evaluation Respondent shall deliver a complete copy of this stipulation to the doctor performing the evaluation.
2. The Evaluation will be for the purposes of(a) determining whether Respondent has a substance abuse or addiction problem (including but not limited to alcohol), (b) if so, setting treatment conditions Respondent is to undertake as a result of the Evaluation, and (c) obtaining a written report from the evaluating physician.
3. Respondent shall bear the cost of the Evaluation, the resulting report and of any treatment conditions recommended by the evaluator. Respondent understands that his treatment conditions may change if his treatment providers deem it necessary, and that he is willing to bear the cost of such treatment, and in some cases could even include in-patient treatment.
4. Respondent shall execute all necessary waivers of confidentiality as part of his Evaluation, and direct the evaluating physician to deliver a copy of his/her written report (with any treatment conditions) upon: the Office of Probation, the Deputy Trial Counsel whose name appears below, and the judge whose name appears below.
5. Respondent’s treatment conditions, if any, shall become part of his probation requirements. Respondent agrees to comply with his treatment conditions. Respondent shall execute all necessary waivers to any treatment agencies or providers, and he shall provide the Office of Probation with any proof of treatment compliance as they require. Respondent understands that the Office of Probation shall monitor his treatment and any violation of treatment may be considered a probation violation.
6. Respondent shall direct all treatment providers to prepare periodic written reports to the Office of Probation on his progress and compliance ("Reports"). These Reports shall be provided a minimum of every ninety (90) days, or more often upon request by the Office of Probation. Respondent understands that the Reports may be shared with the Office of Chief Trial Counsel and with the State Bar Court.
7. Respondent understands that the treatment conditions associated with his criminal probation may or may not satisfy treatment conditions he may be required to do in association with the above Evaluation.
VI. MITIGATING CIRCUMSTANCES, cont’d
Candor and Cooperation: Respondent has been cooperative with the State Bar throughout the pre-trial settlement of this matter. Moreover, he plead guilty in the underlying action and took responsibility rather than proceed to trial.
VII. STANDARDS & DECISIONAL AUTHORITY
Standard 3.4 and In re Kelley (1990) 52 Cal.3d 487, both apply to this pre-trial settlement.
SIGNATURE OF THE PARTIES
Case Number(s): 05-C-03649
In the Matter of: Jeffrey Charles Bogert, State Bar No.: 132778
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: Jeffrey Charles Bogert
Date: May 10, 2006
Respondent’s Counsel: Kevin P. Gerry
Date: May 12, 2006
Deputy Trial Counsel: Booke A. Schafer
Date: May 15, 2006
Case Number(s): 05-C-03649
In the Matter of: Jeffrey Charles Bogert, State Bar No.: 132778
Finding that the stipulation protects the public and that the interests of Respondent will be served by any conditions attached to the reproval, 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: Richard A. Honn
Date: May 24, 2006
[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 May 24, 2006, 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:
KEVIN P. GERRY ESQ
433 N CAMDEN DRIVE 4TH FLLOR
BEVERLY HILLS, CA 90210
KEVIN P FERRY ESQ
1001 OLIVE ST
SANTA BARBARA, CA 93103
checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
Brooke A. Schafer, Enforcement, Los Angeles
I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on May 24, 2006.
Signed by:
Julieta E. Gonzales
Case Administrator
State Bar Court