State
Bar Court of California
Hearing
Department
STIPULATION
RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION AND ORDER APPROVING
PUBLIC REPROVAL
Case Number(s): 06-C-11830-PEM
In the Matter of: Gregory John Bulliung, Bar # 144474, A
Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Mark Hartman, Bar # 114925
Counsel for Respondent: Bar #
Submitted to: assigned judge State Bar Court Clerk’s
Office San Francisco
Filed: November 27, 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.
A. Parties' Acknowledgments:
1. Respondent is a member of the State Bar of California,
admitted December 12, 1989.
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 10 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 for the following membership years: (hardship,
special circumstances or other good cause per rule 284, Rules of Procedure.)
<<not>>
checked. costs waived in part as set forth in a separate attachment entitled
"Partial Waiver of Costs".
<<not>>
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.
B. Aggravating Circumstances [for definition, see Standards for
Attorney Sanctions for Professional Misconduct, standard 1.2(b)]. Facts
supporting aggravating circumstances are required.
<<not>> checked. (1) Prior
record of discipline [see standard 1.2(f)].
<<not>>
checked. (a) State Bar Court case # of prior case .
<<not>>
checked. (b) Date prior discipline effective .
<<not>>
checked. (c) Rules of Professional Conduct/ State Bar Act violations:
<<not>>
checked. (d) Degree of prior discipline
<<not>>
checked. (e) If Respondent has two or more incidents of prior
discipline, use space provided below or a separate attachment entitled “Prior
Discipline”. .
<<not>> checked. (2) Dishonesty:
Respondent's misconduct was surrounded by or followed by bad faith, dishonesty,
concealment, overreaching or other violations of the State Bar Act or Rules of
Professional Conduct.
<<not>> checked. (3) Trust
Violation: Trust funds or property were involved and Respondent refused or was
unable to account to the client or person who was the object of the misconduct
for improper conduct toward said funds or property.
<<not>> checked. (4) Harm:
Respondent's misconduct harmed significantly a client, the public or the
administration of justice.
<<not>> checked. (5) Indifference:
Respondent demonstrated indifference toward rectification of or atonement for
the consequences of his or her misconduct.
<<not>> checked. (6) Lack of
Cooperation: Respondent displayed a lack of candor and cooperation to victims
of his/her misconduct or to the State Bar during disciplinary investigation or
proceedings.
<<not>> checked. (7) Multiple/Pattern
of Misconduct: Respondent's current misconduct evidences multiple acts of
wrongdoing or demonstrates a pattern of misconduct.
checked. (8) No aggravating
circumstances are involved.
Additional aggravating circumstances:
C. Mitigating Circumstances [see standard 1.2(e)]. Facts supporting
mitigating circumstances are required.
checked. (1) No Prior
Discipline: Respondent has no prior record of discipline over many years of
practice coupled with present misconduct which is not deemed serious.
<<not>> checked. (2) No Harm:
Respondent did not harm the client or person who was the object of the
misconduct.
checked. (3) Candor/Cooperation:
Respondent displayed spontaneous candor and cooperation with the victims of
his/her misconduct and to the State Bar during disciplinary investigation and
proceedings.
<<not>> checked. (4) Remorse:
Respondent promptly took objective steps spontaneously demonstrating remorse
and recognition of the wrongdoing, which steps were designed to timely atone
for any consequences of his/her misconduct.
<<not>> checked. (5) Restitution:
Respondent paid $ on in restitution to without the threat or force of
disciplinary, civil or criminal proceedings.
<<not>> checked. (6) Delay:
These disciplinary proceedings were excessively delayed. The delay is not
attributable to Respondent and the delay prejudiced him/her.
<<not>> checked. (7) Good
Faith: Respondent acted in good faith.
<<not>> checked. (8) Emotional/Physical
Difficulties: At the time of the stipulated act or acts of professional
misconduct Respondent suffered extreme emotional difficulties or physical
disabilities which expert testimony would establish was directly responsible
for the misconduct. The difficulties or disabilities were not the product of
any illegal conduct by the member, such as illegal drug or substance abuse, and
Respondent no longer suffers from such difficulties or disabilities.
<<not>> checked. (9) Severe
Financial Stress: At the time of the misconduct, Respondent suffered from
severe financial stress which resulted from circumstances not reasonably
foreseeable or which were beyond his/her control and which were directly
responsible for the misconduct.
<<not>> checked. (10) Family
Problems: At the time of the misconduct, Respondent suffered extreme
difficulties in his/her personal life which were other than emotional or
physical in nature.
<<not>> checked. (11) Good
Character: Respondent's good character is attested to by a wide range of
references in the legal and general communities who are aware of the full extent
of his/her misconduct.
<<not>> checked. (12) Rehabilitation:
Considerable time has passed since the acts of professional misconduct occurred
followed by convincing proof of subsequent rehabilitation.
<<not>> checked. (13) No
mitigating circumstances are involved.
Additional mitigating circumstances:
D. Discipline:
<<not>> checked. (1) Private
reproval (check applicable conditions, if any, below):
<<not>>
checked. (a) Approved by the Court prior to initiation of the State Bar Court
proceedings (no public disclosure).
<<not>>
checked. (b)Approved by the Court after initiation of the State Bar Court
proceedings (public disclosure).
or
checked. (2) Public reproval
(Check applicable conditions, if any below)
E. Conditions Attached to Reproval:
checked. (1) Respondent must
comply with the conditions attached to the reproval for a period of one (1)
year following the effective date of reproval.
checked. (2) During the condition
period attached to the reproval, Respondent must comply with the provisions of
the State Bar Act and Rules of Professional Conduct.
checked. (3) Within ten (10) days
of any change, Respondent must report to the Membership Records Office of the
State Bar and to the Office of Probation of the State Bar of California
("Office of Probation"), all changes of information, including
current office address and telephone number, or other address for State Bar
purposes, as prescribed by section 6002.1 of the Business and Professions Code.
checked. (4) Within thirty (30)
days from the effective date of discipline, Respondent must contact the Office
of Probation and schedule a meeting with Respondent's assigned probation deputy
to discuss these terms and conditions of probation. Upon the direction of the
Office of Probation, Respondent must meet with the probation deputy either
in-person or by telephone. During the period of probation, Respondent must
promptly meet with the probation deputy as directed and upon request.
checked. (5) Respondent must
submit written quarterly reports to the Office of Probation on each January 10, April 10, July 10, and October 10
of the period of probation. Under penalty
of perjury, Respondent must state whether Respondent has complied with the
State Bar Act, the Rules of Professional Conduct, and all conditions of
probation during the preceding calendar quarter. Respondent must also state
whether there are any proceedings pending against him or her in the State Bar
Court and if so, the case number and current status of that proceeding. If the
first report would cover less than 30 days, that report must be submitted on
the next quarter date, and cover the extended period.
In addition to all quarterly reports, a final report, containing the same
information, is due no earlier than twenty (20) days before the last day of the
period of probation and no later than the last day of the condition period.
<<not>> checked. (6) Respondent
must be assigned a probation monitor. Respondent must promptly review the terms
and conditions of probation with the probation monitor to establish a manner
and schedule of compliance. During the period of probation, Respondent must
furnish such reports as may be requested, in addition to the quarterly reports
required to be submitted to the Office of Probation. Respondent must cooperate
fully with the monitor.
checked. (7) Subject to assertion
of applicable privileges, Respondent must answer fully, promptly and truthfully
any inquiries of the Office of Probation and any probation monitor assigned
under these conditions which are directed to Respondent personally or in
writing relating to whether Respondent is complying or has complied with the
probation conditions.
checked. (8) Within one (1) year
of the effective date of the discipline herein, Respondent must provide to the
Office of Probation satisfactory proof of attendance at a session of the State
Bar Ethics School, and passage of the test given at the end of that session.
<<not>> checked. No Ethics
School recommended. Reason:
checked. (9) Respondent must
comply with all conditions of probation imposed in the underlying criminal
matter and must so declare under penalty of perjury in conjunction with any
quarterly report to be filed with the Office of Probation.
<<not>> checked. (10) Respondent
must provide proof of passage of the Multistate Professional Responsibility
Examination ("MPRE"), administered by the National Conference of Bar
Examiners, to the Office of Probation within one year of the effective date of
the reproval.
checked. No MPRE
recommended. Reason: The MPRE is not required in this case.
<<not>> checked. (11) The
following conditions are attached hereto and incorporated:
<<not>>
checked. Substance Abuse Conditions.
<<not>>
checked. Law Office Management Conditions.
<<not>>
checked. Medical Conditions.
<<not>>
checked. Financial Conditions.
F. Other Conditions Negotiated by the Parties:
In the Matter
of GREGORY JOHN BULLIUNG, No. 144474,
A Member of
the State Bar.
Case No.
06-C-11830-PEM
STIPULATION
RE FACTS, CONCLUSION OF LAW, AND DISPOSITION
FACTS
In March
1992, respondent Gregory John Bulling ("respondent") was arrested
while driving with a blood alcohol level of 0.11 percent. He later pleaded
guilty to a misdemeanor violation of Vehicle Code section 23152, subdivision
(b), which prohibits driving with a blood alcohol level of 0.08 percent or
more.
In March
2006, respondent was arrested while driving with a blood alcohol level of 0.19
percent. He later pleaded guilty to another misdemeanor violation of Vehicle
Code section 23152, subdivision (b).
CONCLUSION OF
LAW
Respondent’s
second drunk driving offense involved misconduct warranting discipline. (See In
re Kelley (1990) 52 Cal.3d 487,495-496.)
DATE OF
DISCLOSURE OF ANY PENDING INVESTIGATION OR PROCEEDING
On November
8, 2006, the State Bar sent respondent a letter disclosing any pending
investigation or proceeding not resolved by this stipulation.
ESTIMATED
PROSECUTION COST
The estimated
prosecution cost of State Bar case number 06-C-11830-PEM ("the current
case") is $1,636.00 This sum is only an estimate. If the current
stipulation is rejected or if relief from the current stipulation is granted,
the prosecution cost of the current case may increase because of the cost of
further proceedings.
SUPPORTING
AUTHORITY
The Rules of
Procedure of the State Bar, Title IV, Standards for Attorney Sanctions for
Professional Misconduct, standards 1.3, 1.4, 1.5, 1.6, and 3.4 support the
discipline recommended in the current stipulation.
SIGNATURE OF THE PARTIES
Case Number(s): 06-C-11830-PEM
In the Matter of: Gregory John Bulliung No. 144474, A
Member of the State Bar
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: Gregory
John Bulliung
Date: 11/9/06
Respondent’s
Counsel:
Date:
Deputy Trial
Counsel: Mark Hartman
Date: 11/14/06
ORDER
Case Number(s): 06-C-11830-PEM
In the Matter of: Gregory John Bulliung No. 144474, A
Member of the State Bar
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.
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: November
24, 2006
CERTIFICATE
OF SERVICE
[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 San Francisco, on November 27, 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 San Francisco, California, addressed as follows:
GREGORY J.
BULLIUNG
BULLIUNG
& ASSOCIATES
5012 MISSION
ST
SAN FRANCISCO
CA 94112
checked.
by interoffice mail through a facility regularly maintained by the State Bar of
California addressed as follows:
MARK
HARTMAN, Enforcement, San Francisco
I hereby
certify that the foregoing is true and correct. Executed in San Francisco, California,
on November 27, 2006.
Signed by:
Laine Silber
Case
Administrator
State Bar
Court