State Bar Court of California

Hearing Department

STIPULATION RE FACTS, CONCLUSIONS OF LAW

DISPOSITION AND ORDER APPROVING DISBARMENT; ORDER OF INVOLUNTARY INACTIVE ENROLLMENT

Case Number(s): 08-C-14662

In the Matter of: Peter T. Chamberlin, Bar # 53281, A Member of the State Bar of California, (Respondent).

Counsel For The State Bar: Susan Chan, Deputy Trial Counsel

180 Howard Street

San Francisco, CA 94105

Bar #233229,

Counsel for Respondent: Harlan B. Watkins,

Murphy Pearson Bradley & Feeney

88 Kearny St., Suite 1000

San Francisco, CA 94108

Bar # 176458,

Submitted to: Settlement Judge – State Bar Court Clerk’s Office San Francisco.

Filed: February 28, 2011.

  <<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 13, 1972.

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 11 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 are awarded to the State Bar.
<<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.    ORDER OF INACTIVE ENROLLMENT:
The parties are aware that if this stipulation is approved, the judge will issue an order of inactive enrollment under Business and Professions Code section 6007, subdivision (c)(4), and Rules of Procedure of the State Bar, rule 5.111(D)(1).

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.

<<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. See Attachment.

<<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.

checked. (7)             Multiple/Pattern of Misconduct:  Respondent's current misconduct evidences multiple acts of wrongdoing or demonstrates a pattern of misconduct. See Attachment.

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

C. Mitigating Circumstances [see standard 1.2(e)]. Facts supporting mitigating circumstances are required.

<<not>> 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. See Attachment.

 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. See Attachment.

<<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: Disbarment.

E. Additional Requirements:

<<not>> checked. (1)   Rule 9.20, California Rules of Court:  Respondent must comply with the requirements of rule 9.20, California Rules of Court, and perform the acts specified in subdivisions (a) and (c) of that rule within 30 and 40 calendar days, respectively, after the effective date of the Supreme Court's Order in this matter.

<<not>> checked. (2)   Restitution:  Respondent must make restitution to in the amount of $  plus 10 percent interest per year from .  If the Client Security Fund has reimbursed for all or any portion of the principal amount, respondent must pay restitution to CSF of the amount paid plus applicable interest and costs in accordance with Business and Professions Code section 6140.5.  Respondent must pay the above restitution and furnish satisfactory proof of payment to the State Bar's Office of Probation in Los Angeles no later than days from the effective date of the Supreme Court order in this case..

<<not>> checked. (3)   Other:

Attachment language (if any):

See Attachment.


ATTACHMENT TO

STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION

 

IN THE MATTER OF: PETER T. CHAMBERLIN, State Bar No. 53281

STATE BAR COURT CASE NUMBER: 08-C-14662

 

FACTS AND CONCLUSIONS OF LAW

 

Facts

 

On October 6, 2008, respondent was charged with one count of possession or control of child pornography, in violation of Penal Code Section 311.1 l(a), a felony, in Superior Court of California, County of Napa, NDA Number: 200803597-0 l; NSC Number: CR142663.

 

The underlying facts of the conviction are as follows: On August 8, 2008, respondent possessed at least twenty-five images of child pornography, contained on two separate computer thumb-drives. Four of the images were located on a thumb-drive which was turned over to the Napa County Police Department as found property. The other twenty-one images were located on a thumb-drive which was seized pursuant to a search warrant served at 1700 Second Street, Suite 344, Napa, California. Several images depicted juvenile females in various states of nudity and appeared to be under the age of eighteen years old. One of the images was "graphic."

 

On January 22, 2009, respondent plead no contest and was convicted of a violation of Penal Code section 311.11 (a), knowing possession of child pornography, a felony, in Superior Court of California, County ofNapa, NDA Number: 200803597-01, NSC Number: CR142663.

 

Penal Code section 311.11 (a) provides as follows:

 

"(a) Every person who knowingly possesses or controls any matter, representation of information, data, or image, including but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videbtape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film or filmstrip, the production of which involves the use of a person under the age of 18 years personally engaging in or simulating sexual conduct, as defined in subdivision (d) of Section 311.4 is guilty of a felony and shall be punishable by imprisonment in state prison, or a county jail for up to one year, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both the fine and imprisonment."

 

Section 311.4 provides as follows:

 

"(d)(1) As used in subdivisions (b) and (c), "sexual conduct" means any of the following, whether actual or simulated: sexual intercourse, oral copulation, anal intercourse, anal oral copulation, masturbation, bestiality, sexual sadism, sexual masochism, penetration of the vagina or rectum by any object in a lewd or lascivious manner, exhibition of the genitals or pubic or rectal area for the purpose of sexual stimulation of the viewer, any lewd or lascivious sexual act as defined by Section 288, or excretory functions performed alone or between members of the same or opposite sex or between humans and animals. An act is simulated when it gives e appearance of being sexual conduct.

 

"(2) As used in subdivisions (b) and (c), "matter" means any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, or any other computer-related equipment or computer generated image that contains or incorporates in any manner, any film, filmstrip, photograph, negative, slide, photocopy, videotape, or video laser disc."

 

Respondent was sentenced to five (5) years formal probation, to serve 180 days in jail, no association with children under the age of 18 except with grandniece/nephews under adult supervision, payment of fees, and mandatory registration as a sex offender pursuant to Penal Code section 290.

 

5. On or about February 4, 2009, respondent’s resignation with charges pending was filed with the State Bar Court. to the State Bar of California.

 

6. On or about April 30, 2009, the State Bar Court Review Department placed respondent on interim suspension from the practice of law pursuant to Business and Professions Code section 6102(a) pending the finality of this conviction and the completion of the ensuing disciplinary proceedings against him.

 

7. On June 10, 2009, the State Bar Court Hearing Department placed the case on abatement pending the outcome of the resignation proceedings.

 

8. On December 1, 2010, the Supreme Court of California issued an order rejecting respondent’s resignation with charges pending (S 175878) and remanded the underlying matter to the State Bar Court Hearing Department for a heating and disposition.

 

9. On January 3, 20! 1, a status conference hearing was held in the above-matter. Trial dates of April 26-29, 2011 were set and the underlying matter unabated.

 

Conclusions of Law

 

Respondent’s conviction of a violation of Penal Code section 311.11 (a), knowing possession of child pornography, a felony involves serious violations of moral standards in willful violation of Business and Professions Code section 6068(a) and 6106.

 

PENDING PROCEEDINGS

 

The disclosure date referred to, on page 2, paragraph A(7), was February 4, 2011.

 

COSTS OF DISCIPLINARY PROCEEDINGS.

 

Respondent acknowledges that the Office of the ChiefTrial Counsel has informed respondent that as of February 4, 2011, the estimated prosecution costs in this matter are approximately $3,619.00. Respondent acknowledges that this figure is an estimate only and that it does not include State Bar Court costs which will 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.

 

FACTS SUPPORTING AGGRAVATING AND MITIGATING CIRCUMSTANCES

 

AGGRAVATING CIRCUMSTANCES

 

Standard 1.2(b)(ii): Respondent’s misconduct of downloading and possession of numerous images depicting sexual conduct of persons under the age of 18 years old within the meaning of Penal Code section 311.4(d) evidences multiple acts of wrongdoing.

 

Standard 1.2(b)(iv): Respondent’s misconduct caused significant harm to the victim(s), the public, and administration of justice.

 

MITIGATING CIRCUMSTANCES

 

Standard 1.2(e)(v): Respondent has cooperated with the State Bar during the disciplinary proceedings.

 

Standard 1.2(e)(vii): Respondent is seeking psychotherapy treatment to address his issues.

 

SUPPORTING AUTHORITY

 

Standard 3.2 requires disbarment upon final conviction of a member of a crime which involves moral turpitude, either inherently or in the facts and circumstances surrounding the crime’s commission. Only if the most compelling mitigating circumstances clearly predominate, shall disbarment not be imposed. In those latter eases, the discipline shall not be less than a two-year actual suspension, prospective to any interim suspension imposed, irrespective of mitigating circumstances.

 

"Moral turpitude has been described as ’an act of baseness, vileness or depravity in the private and social duties which a man owes to his fellowmen, or to society in general, contrary to the accepted and customary rule of right and duty between man and woman." In re Craig (1938) 12 Cal.2d 93, 97, see also Chadwick v. State Bar (1989) 49 Cal.3d 103, 110).

 

United States v. Santacruz (9th.Cir. 2009) 563 F.3d 894, holding as a matter of first impression that felony possession of child pornography in violation of the federal statute constitutes moral turpitude for purposes of immigration law.

 

New York v. Ferber (1982) 458 U.S. 747, 756-758.

 

People v. Kongs (1994) 30 Cal.4th 1741, 1748-1749, 1754.

 

Matter of Disciplinary.Proceedings Against Bruckner (1991) 161 Wis.2d 385, 467 N.W.2d 780 (importation and trading of child pornography involved moral turpitude); In the Matter of Wolff (D.C. 1985) 490 A.2d 1118, vacated 494 A.2d 932 (D.C. July 11, 1985), reasoning adopted on banc 511 A.2d 1047 (D.C. June 30, 1986) (conviction for distribution of child pornography involved moral turpitude).


SIGNATURE OF THE PARTIES

Case Number(s): 08-C-14662

In the Matter of: PETER T. CHAMBERLIN

 

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:

Date:

 

Respondent’s Counsel: Harlan B. Watkins

Date: February 11, 2011

 

Deputy Trial Counsel: Harlan B. Watkins

Date: February 25, 2011


SIGNATURE OF THE PARTIES

Case Number(s): 08-C-14662

In the Matter of: PETER T. CHAMBERLIN

 

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: Peter T. Chamberlin

Date: February 8, 2011

 

Respondent’s Counsel:

Date:

 

Deputy Trial Counsel:

Date:


DISBARMENT ORDER

Case Number(s): 08-C-14662

In the Matter of: PETER T. CHAMBERLIN

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.

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 5.58 (E) & (F), 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.)

Respondent Peter T. Chamberlin is ordered transferred to involuntary inactive status pursuant to Business and Professions Code section 6007, subdivision (c)(4). Respondent’s inactive enrollment will be effective three (3) calendar days after this order is served by mail and will terminate upon the effective date of the Supreme Court’s order imposing discipline herin, or as provided for by rule 5.111(D)(2) or the Rules of Procedure of the State Bar of California, or as otherwise ordered by the Supreme Court pursuant to its plenary jurisdiction.

 

Signed by:

Judge of the State Bar Court: LUCY ARMENDARIZ

Date: February 28, 2011


CERTIFICATE OF SERVICE

[Rules Proc. of State Bar; Rule 5.27(B); 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 February 28, 2011, I deposited a true copy of the following document(s):

 

STIPULATION RE FACTS. CONCLUSIONS OF LAW AND DISPOSITION AND ORDER APPROVING; ORDER OF INVOLUNTARY INACTIVE ENROLLMENT

 

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:

 

HARLAN B. WATKINS

MURPHY PEARSON ET AL

88 KEARNY ST 10 FL

SAN FRANCISCO, CA 94108

 

 

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

 

SUSAN CHAN, Enforcement, San Francisco

 

I hereby certify that the foregoing is true and correct. Executed in San Francisco, California, on February 28, 2011.

 

Signed by:

Bernadette C.O. Molina

Case Administrator

State Bar Court