State Bar Court of California

Hearing Department

STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION AND ORDER APPROVING

STAYED SUSPENSION; NO ACTUAL SUSPENSION

Case Number(s): 06-O-14900

In the Matter of: Rasheed Shabazz Alexander, Bar # 208645, A Member of the State Bar of California, (Respondent).

Counsel For The State Bar: William F. Stralka, Bar # 56147

Counsel for Respondent: Darryl Lynn Exum, Bar # 152063

Submitted to: Assigned Judge State Bar Court Clerk’s Office Los Angeles

Filed: March 6, 2009

  <<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 November 21, 2000.

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):

 checked. costs added to membership fee for calendar year following effective date of discipline.

<<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.) 

<<not>> checked. costs waived in part as set forth in a separate attachment entitled "Partial Waiver of Costs".

<<not>> checked. costs entirely waived.

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.

checked. (4)            Harm:  Respondent's misconduct harmed significantly a client, the public or the administration of justice. Respondent’s failure to follow the direction of the court significantly harmed 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.

<<not>> checked. (8) No aggravating circumstances are involved.

Additional aggravating circumstances:

 

None.

 

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. Respondent has been a member of the State Bar since November 21, 2000, and has no prior record of discipline.

<<not>> checked. (2) No Harm:  Respondent did not harm the client or person who was the object of the misconduct. 

<<not>> 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. 

 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.  Respondent cooperated in the State Bar investigation and expressed his remorse to the State Bar investigation and expressed his remorse to the State Bar regarding his 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.

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. Respondent provided letters to the State Bar regarding his good character and his commitment as a Public Defender.

checked. (12) Rehabilitation:  Considerable time has passed since the acts of professional misconduct occurred followed by convincing proof of subsequent rehabilitation. The misconduct involved occurred in September 2006, was an isolated incident, and there is no indication that such conduct will be repeated

<<not>> checked. (13) No mitigating circumstances are involved.

Additional mitigating circumstances: 

 

None.

 

D. Discipline:

 checked. (1)           Stayed Suspension:

 checked. (a)            Respondent must be suspended from the practice of law for a period of one year.
<<not>> checked. i.          and until Respondent shows proof satisfactory to the State Bar Court of rehabilitation and present fitness to practice and present learning and ability in the law pursuant to standard 1.4(c)(ii) Standards for Attorney Sanctions for Professional Misconduct.
<<not>> checked. ii.         and until Respondent pays restitution as set forth in the Financial Conditions form attached to this stipulation.
<<not>> checked. iii.        and until Respondent does the following: .
checked. (b)             The above-referenced suspension is stayed.

checked. (2)            Probation:  Respondent must be placed on probation for a period of two years, which will commence upon the effective date of the Supreme Court order in this matter.  (See rule 9.18, California Rules of Court.)

 

E. Additional Conditions of Probation:

 checked. (1)           During the probation period, Respondent must comply with the provisions of the State Bar Act and Rules of Professional Conduct.

 checked. (2)           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. (3)           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. (4)           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 probation.

<<not>> checked. (5) 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 to the monitor 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 probation monitor.

 checked. (6)           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.

<<not>> checked. (7) 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 Ethics School, and passage of the test given at the end of that session.

<<not>> checked. No Ethics School recommended.  Reason:

<<not>> checked. (8) 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. (9) 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:

 checked. (1)           Multistate Professional Responsibility Examination:  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.  Failure to pass the MPRE results in actual suspension without further hearing until passage. But see rule 9.10(b), California Rules of Court, and rule 321 (a) (1) & (c), Rules of Procedure.

checked. No MPRE recommended.  Reason:

<<not>> checked. (2) Other Conditions:

 


ATTACHMENT TO

STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION

 

IN THE MATTER OF: Rasheed Shabazz Alexander

CASE NUMBER: 06-O-14900

 

PENDING PROCEEDINGS:

 

The disclosure date referred to, on page one, paragraph A.(7), was February 2, 2009.

 

FACTS:

 

Respondent admits that the following facts are true and that he is culpable of violations of the specified statutes and/or Rules of Professional Conduct.

 

Case No. 06-0-14900

 

1. On September 13, 2006, in the immediate view and presence of the San Bernardino Superior Court Judge Arthur A. Harrison, Respondent committed the following acts of misconduct:

 

2. During direct examination of his client in a jury trial (People v. Pulliam, FSB-48983), the Respondent, after the court sustained the prosecutor’s objection, did proceed to argue with the court’s ruling, did shout at the court, and did loudly proclaim in the jury’s presence, five separate times that the court was unfair to his client, and did proclaim in the jury’s presence, five separate times that the court was unfair to his client, and did proclaim even in the face of the court’s admonitions, that the court was not letting the client tell his story.

 

3. Outside of the presence of the jury, the court addressed the issue of Respondent’s arguing with the court. The court expressly admonished Respondent: "When I rule on objections, I noted that you’ve made facial expressions that appear to be quizzical in the court. You’ve raised your eyebrows, [and] acted surprised. I don’t appreciate it. It is contemptuous, and I will tell you not to do such things when I make rulings. I don’t want you to argue with me, and I want you to follow the court’s directives that you limit your area of inquiry to the appropriate areas of character testimony."

 

4. This conduct was carried out during trial, and with the jury present and in a place where juror’s could not help but hear counsel’s statements. Respondent’s conduct had the direct effect of impugning the integrity of the court and of the trial and the entirety of the justice system. The court feared the conduct had the additional effect of depriving the opposing party of a fair trial and of perhaps causing a gross miscarriage of justice.

 

5. After due consideration, the court found beyond a reasonable doubt that the Respondent was guilty of contempt of court in violation of section 1209 of the California Code of Civil Procedure as follows:

 

Subsection (a)1. - Disorderly, contemptuous, or insolent behavior toward the judge while holding court, tending to interrupt the due course of trial;

 

Subsection (a)3. - Misbehavior in office, or violation of duty by an attorney;

 

Subsection (a)5. - Disobedience of any lawful judgment, order, or process of the court;

 

Subsection (a)8. - Any other unlawful interference with proceedings of a court; and

 

Subsection (b) - Engaging in speech, in the immediate presence of the court while in session, in such a manner as to actually interfere with its proceedings.

 

6. Respondent was sentenced to pay a fine of $1,000. He failed to timely report the matter to the State Bar.

 

CONCLUSIONS OF LAW:

 

By engaging in improper colloquies with the court, including shouting at the court regarding its rulings in the presence of the jury, and by contemptuously challenging the court’s rulings employing disrespectful facial expressions in response to its rulings in the presence of the jury, respondent failed to maintain the respect due to the courts of justice and judicial officers in wilful violation of Business and Professions Code, section 6068(b).

 

By not reporting in writing within 30 days of the time the attorney has knowledge to the agency charged with attorney discipline, the imposition of judicial sanctions against the attorney in the amount of $1,000, Respondent wilfully violated Business and Professions Code, section 6068(o)(3).

 

AUTHORITIES SUPPORTING DISCIPLINE:

 

Standards for Attorney Sanctions

 

To determine the appropriate level of discipline, the standards provide guidance. Drociak v. State Bar (1991) 52 Cal. 3d 1085, 1090; In the Matter of Sampson, (Review Dept. 1994) 3 Cal. State Bar Ct. Rptr. 119, 134. A disciplinary recommendation must be consistent with the discipline in similar proceedings. See Snyder v. State Bar (1990) 49 Cal.3d 1302, 1310-1311. Also, the recommended discipline must rest upon a balanced consideration of relevant factors. In the Matter of Sampson, (Review Dept. 1994) 3 Cal. State Bar Ct. Rptr. 119, 135.

 

Standard 1.3 of the Standards for Attorney Sanctions for Professional Misconduct. The primary purposes of disciplinary proceedings conducted by the State Bar of California and of sanctions imposed upon a finding or acknowledgment of a member’s professional misconduct are the protection of the public, the courts and the legal profession; the maintenance of high professional standards by attorneys and the protection of public confidence in the legal profession.

 

Standard 2.6 provides that a violation of Business and Professions Code, section 6068 shall result in disbarment or suspension depending on the gravity of the offense or the harm, if any, to the victim, with due regard to the purposes of imposing discipline set forth in standard 1.3.

 

Cases

 

In the Matter of Respondent Y (Review Dept. 1998) 3 Cal. State Bar Ct. Rptr. 862. The review department concluded that respondent was required by the State Bar Act to report the sanctions ordered by the trial court. Respondent’s duty to report the sanctions to the State Bar under Bus. & Prof. Code, section 6068(o)(3) commenced from the time he knew the sanctions were ordered, regardless of the pendency of any appeal. The court also found that respondent violated section 6103 by failing to pay the sanctions order. The review department adopted the trial court discipline of a private reproval and added the condition that respondent pay the court ordered sanctions.

 

Ramirez v. State Bar (1980) 28 Cal.3d 402.

 

Respondent engaged in defamatory and disrespectful statements contained in pleadings and other court papers filed in the federal court of appeals and the United States Supreme Court. Respondent claimed in a foreclosure action that was reversed by the appellate court, that the justices acted "unlawfully" and "illegally" and were "parties to the theft" of property belonging to respondent’s clients. The Supreme Court ordered the attorney suspended from practice for one year - stayed, one year probation, and thirty days actual suspension.

 

In the Matter of Anderson (Review Dept. 1997) 3 Cal. State Bar Ct. Rptr. 775.

 

The State Bar trial court found that in 100 written statements by respondent, respondent violated his statutory duty to maintain the respect due to the courts and judicial officers when he made statements that impugned the integrity and honesty of the judges on the court in which his client’s matter was pending.

 

The trial court imposed a discipline of one-year probation, two years stayed suspension, and sixty-day actual suspension. The matter was sent back to the trial court by the review department for additional findings, because the trial judge, at pre-trial, erroneously ruled that the State Bar did not have the burden of proof to prove that the respondent’s statements were false.

 

COSTS OF DISCIPLINARY PROCEEDINGS.

 

Respondent acknowledges that the Office of the Chief Trial Counsel has informed respondent that as of January 29, 2009, the prosecution costs in this matter are $1,983. 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.

 


SIGNATURE OF THE PARTIES

Case Number(s): 06-O-14900

In the Matter of: Rasheed Shabazz Alexander

 

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: Rasheed Shabazz Alexander

Date: 2-6-09

 

Respondent’s Counsel: Daryl L. Exum

Date: 2/6/09

 

Deputy Trial Counsel: William F. Stralka

Date: 02-20-09

 


ORDER

Case Number(s): 06-O-14900

In the Matter of:  Rasheed Shabazz Alexander

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 DISCIPLINE RECOMMENDED to the Supreme Court.

<<not>> checked. The stipulated facts and disposition are APPROVED AS MODIFIED as set forth below, and the DISCIPLINE IS RECOMMENDED to the Supreme Court.

<<not>> checked. All Hearing dates 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 135(b), Rules of Procedure.) The effective date of this disposition is the effective date of the Supreme Court order herein, normally 30 days after the file date. (See rule 9.18(a), California Rules of Court.)

Signed by:

Judge of the State Bar Court: Richard A. Platel

Date: 03-04-09


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 Los Angeles, on March 6, 2009, 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:

 

DARRYL L EXUM

4129 MAIN ST #20S

RIVERSIDE CA 92501

 

checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:

 

WILLIAM STRALKA, Enforcement, Los Angeles

 

I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on March 6, 2009.

 

Signed by:

Angela Owens-Carpenter

Case Administrator

State Bar Court