Case Number(s): 06-C-15271-LMA, 07-C-13429-LMA
In the Matter of: James Allen Reichle, Bar # 45807, A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Mark Hartman, Bar # 114915,
Counsel for Respondent: In Pro Per, Bar #
Submitted to: Assigned Judge – State Bar Court Clerk’s Office San Francisco.
Filed: March 6, 2008.
<<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 January 15, 1970.
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 9 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).
<<not>> checked. Case ineligible for costs (private reproval).
checked. Costs are to be paid in equal amounts prior to February 1 for the following membership years: the five years following the effective date of the public reproval in the current cases. (Hardship, special circumstances or other good cause per rule 5.132, Rules of Procedure.)
<<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.
<<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
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.
No other conditions apply to the current case.
Case Number(s): 06-C-15271-LMA, 07-C-13429-LMA
In the Matter of: James Allen Reichle, State Bar No.: 45807
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 2 meetings per month of:
checked. Alcoholics Anonymous
<<not>> checked. Narcotics Anonymous
<<not>> checked. The Other Bar
checked. Other program See page 8.
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.
<<not>> 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.
<<not>> 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.
<<not>> 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.
Other:
IN THE MATTER OF: JAMES ALLEN REICHLE, State Bar No. 45807
STATE BAR COURT CASE NUMBER: 06-C-15271-LMA, 07-C-13249-LMA
STIPULATION RE FACTS AND CONCLUSIONS OF LAW
FACTS
1. On October 19, 2006, respondent was arrested. A test showed that his blood contained 0.10 percent alcohol. "
2. On November 21, 2006, respondent pled no contest to a misdemeanor violation of Vehicle Code section 23103.5 (alcohol-related reckless driving) ("first alcohol offense"). He was placed on a three-year probation.
3. On August 14, 2007, while on probation for the first alcohol offense, respondent was again arrested. A test showed that his blood contained 0.11 percent alcohol.
4. On September 14, 2007, respondent pled no contest to a misdemeanor violation of Vehicle Code section 23152 (driving under the influence with a blood alcohol level of 0.08 percent or more) ("second alcohol offense").
5. State Bar case numbers 06-C-15271-LMA and 07-C-13249-LMA ("the current cases") resulted from the first and second alcohol offenses, not from any complaint by a client.
CONCLUSION OF LAW
1. The facts and circumstances surrounding the first and second alcohol offenses show misconduct warranting .discipline.
MITIGATION
Respondent practiced law for more than 36 years without discipline before the first alcohol offense, has done significant pro bono work, and cooperated with the State Bar during the current cases.
The State Bar received letters attesting to respondent’s good character from (1) Plumas County Supervisor Robert A. Meacher, (2) Probation Officer Sharon Reinert, (3) Central Plumas County Recreation and Park District Administrator James Boland, (4) Quincy Fire Chief Robert J. Cassou, (5) Plumas County Supervising Family Court Investigator Adele Myers, (6) Plumas County Family Court Mediator Roger Diefendorf, and (7) attorney Michael Jackson.
SUBSTANCE ABUSE CONDITIONS
Respondent is currently participating in group counseling sessions at the Plumas County Alcohol and Drug Department as part of the SB 38 Program. Respondent may substitute attendance at these group counseling sessions for attendance at AA meetings. Respondent must attend at least two of these group sessions per month. When respondent stops attending these sessions, he must meet his substance abuse conditions by attending at least two AA meetings per month.
ETHICS SCHOOL
The Minimum Continuing Legal Education ("MCLE") credit given for participation in Ethics School shall be counted toward the MCLE hours required for attorneys generally.
DATE OF DISCLOSURE OF ANY PENDING INVESTIGATION OR PROCEEDING
On January 31, 2008, Deputy Trial Counsel Mark Hartman sent a disclosure letter to respondent. In this letter, respondent was advised of any pending investigation or proceeding not resolved by this stipulation.
ESTIMATED PROSECUTION COST
The estimated prosecution cost of the current cases is $3,872.00. This sum is only an estimate. If this stipulation is rejected or if relief from the this 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, standard 1.3 provides: "The primary purposes of disciplinary proceedings.., are the protection of the public, the courts[,] and the legal profession; the maintenance of high professional standards by attorneys[;] and the preservation of public confidence in the legal profession."
In re Kelley (1990) 52 Cal.3d 487 ("Kelley") concerned two drunk driving convictions, the second involving a violation of a court order based on the first. Finding that Kelley’s criminal offenses constituted misconduct warranting discipline, the California Supreme Court publicly reproved her and placed her on probation for three years. (Id. at p. 499.)
Standard 1.3 and Kelley support the stipulated discipline in the current case: a public reproval with conditions for two years.
SIGNATURE OF THE PARTIES
Case Number(s): 06-C-15271-LMA, 07-C-13429-LMA
In the Matter of: James Allen Reichle, State Bar No.: 45807
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: James Allen Reichie
Date: February 5, 2008
Respondent’s Counsel:
Date:
Deputy Trial Counsel: Mark Hartman
Date: February 25, 2008
Note: on 2/25/08, respondent explicitly authorized Deputy Trial Counsel Mark Hartman to change the date of respondent’s signature from 4/5/08 to 2/5/08.
Case Number(s): 06-C-15271-LMA, 07-C-13429-LMA
In the Matter of: James Allen Reichle, State Bar No.: 45807
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: Lucy Armendariz
Date: March 5, 2008
[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 March 6, 2008, 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:
JAMES ALLEN REICHLE
PO BOX 300
QUINCY, CA 95971-0300
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 March 6, 2008.
Signed by:
Bernadette C.O. Molina
Case Administrator
State Bar Court