Case Number(s): 09-C-15963
In the Matter of: John Joseph Thyne III, Bar # 214025, A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Elina Kreditor, Bar #250641,
Counsel for Respondent: In Pro Per, Bar #,
Submitted to: Settlement Judge – State Bar Court Clerk’s Office Los Angeles.
Filed: May 28, 2010.
<<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 June 7, 2001.
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):
<<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.)
<<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 ATTACHMENT TO STIPULATION
IN THE MATTER OF: JOHN JOSEPH THYNE III, State Bar No. 214025
STATE BAR COURT CASE NUMBER: 09-C-15963
I FACTS
1. On August 25, 2007, Respondent was involved in a single vehicle collision. Respondent’s car collided with a concrete wall. Police officers responding to the scene of the accident observed that Respondent appeared to be intoxicated. Respondent was unable to satisfactorily complete the Field Sobriety Tests administered by the officers. A breathalyzer test revealed that Respondent’s BAC was. 18%. Respondent had no prior known DUI convictions.
2. On January 10, 2008, in Santa Barbara County Superior Court ("the court"), Respondent pled no contest to violating Vehicle Code section 23125(a), wilfully and unlawful driving a vehicle while being under the influence of an alcoholic beverage. The Court sentenced Respondent to 180 days in jail, suspended for three years, placed Respondent on unsupervised probation for three years on certain terms and conditions, including the condition that he abstain from drinking and driving, and ordered Respondent to serve five days in jail with credit for two days time served.
3. Respondent’s probation was subsequently revoked for failure to timely report to serve his jail sentence. On May 29, 2008, the court again ordered Respondent to serve five days in jail and reinstated Respondent’s probation on the same terms and conditions.
4. On May 15, 2009, a police officer observed that Respondent was driving with his high beams on in violation of Vehicle Code section 24409(a). When Respondent was pulled over, the police officer noticed an odor of alcohol emanating from Respondent. Respondent admitted to the police officer that he had consumed two alcoholic drinks and that he was on probation for DUI. The officer subsequently administered a PAS test which revealed that Respondent’s Blood Alcohol Content was .063%.
5. On August 26, 2009, Respondent pied guilty to violating section VC23152(A) (an infraction) operating a motor vehicle with a blood alcohol content of .01% or greater while on probation for violating Ca. Vehicle Code Section 23125(a) or 23152(b). The court revoked Respondent’s probation, ordered Respondent to serve 61 days in jail and reinstated Respondent’s probation.
6. Respondent is currently in compliance with the terms of his probation.
II CONCLUSIONS OF LAW
The parties stipulate that by violating Vehicle Code sections 23125(a) and 23152(a), Respondent did not commit an act of moral turpitude; however, Respondent committed other misconduct warranting discipline.
III SUPPORTING AUTHORITY
Standard 3.4 of the Standards for professional conduct, states:
Final conviction of a member of a crime which does not involve moral turpitude inherently or in the facts and circumstances surrounding the crime’s commission but which does involve other misconduct warranting discipline shall result in a sanction as prescribed under part B of these standards appropriate to the nature and extent of the misconduct found to have been committed by the member.
In assessing the level of discipline in a criminal conviction case, even where those convictions do not directly involve the practice of law, the court has found it to be its duty to impose a discipline that will protect the public from potential harm. In re Kelley, (1990) 52 Cal. 3d 487, 496.
IV PENDING PROCEEDINGS
The disclosure date referred to on page 2, paragraph .A(7), was May 18, 2010.
V MITIGATION
In mitigation, Respondent has been an attorney for 13 years and has no prior incidents of discipline. Respondent has volunteered for pro-bono legal efforts, community service organizations and non-profit boards. Some examples include: Respondent is President of the Santa Barbara County Bar Foundation, a Director on the Santa Barbara County Bar Association, Trustee at two law schools where he teaches and was recognized as an Outstanding Professor, past President of the California Applicants’ Attorneys Association-Central Coast chapter, past President of Leadership Santa Barbara County, currently serves on the board of directors of the University Club, is active in his Catholic Church and serves on several committees for the Santa Barbara Board of Realtors®.
VI ADDITIONAL SUBSTANCE ABUSE CONDITIONS
Respondent understands and agrees to the following evaluation and treatment conditions:
1. Respondent has, with the assistance and approval of the Office of the Chief Trial Counsel, selected a medical doctor certified by the American Society of Addiction Medicine (ASAM) for the purpose of submitting to a substance abuse evaluation (Evaluation). The doctor’s name is Dr. Joseph P. Frawley, MD, and the doctor can be contacted at 805- 730-1580, 525 Micheltorena Street, Santa Barbara, CA 93101.
2. Within 45 days of signing this stipulation, Respondent shall provide a complete copy of this stipulation to the approved ASAM certified medical doctor and all treatment providers.
3. Within 30 days of the effective date of this discipline, Respondent shall provide to the Office of Probation an original, signed declaration from the ASAM certified medical doctor and all treatment providers acknowledging receipt of a complete copy of this stipulation.
4. Within 45 days of signing this stipulation, Respondent shall execute all necessary waivers of confidentiality with the approved ASAM certified medical doctor as well as any treatment providers, including drug and/or alcohol testing facilities.
5. Within 30 days of the effective date of this discipline, Respondent shall provide to the Office of Probation a copy of the waiver provided to the ASAM certified medical doctor as well as all other treatment providers, including drug and/or alcohol testing facilities. Also within 30 days of the effective date of this discipline, Respondent shall provide to the Office of Probation an original, signed declaration from the ASAM certified medical doctor as well as all other treatment providers, including drug and/or alcohol testing facilities, acknowledging receipt of the waiver.
6. Within 30 days of the effective date of this discipline, Respondent is to undergo an Evaluation with the ASAM certified medical doctor. The evaluation will be for the purposes of (a) determining whether Respondent has a substance abuse or addiction problem, (b) setting treatment conditions Respondent is to undertake as a result of the Evaluation, if any, and (c) obtaining a written report from the evaluating physician. Respondent shall bear all costs of the Evaluation, the resulting report, and 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 to bear the cost of such treatment, which in some cases could include inpatient treatment. Respondent understands that (a) the treatment conditions, if any, shall become part of his probation requirements, (b) he must provide the Office of Probation with any proof of treatment compliance or waiver requested by the Office of Probation, and (c) any violation of the treatment conditions is a violation of the probation requirements.
7. Within 60 days of the effective date of this discipline, Respondent is to provide a copy of the ASAM certified medical doctor’s written report to the Office of Probation. If the ASAM certified medical doctor requires additional information in order to propose treatment conditions, including, but not limited to, interviewing third parties, Respondent will make good faith efforts to provide timely the additional information. Respondent will provide proof of such good faith efforts to the Office of Probation within 10 days of any request.
8. Within 10 days of any change in treatment condition, Respondent is to provide written notice to the Office of Probation specifically setting forth the changes. With that written notice, Respondent is to provide an original, signed declaration from the ASAM certified medical doctor acknowledging receipt of the written notice and agreement with its accuracy.
9. Respondent shall report compliance with the treatment conditions by statement under penalty of perjury in each written quarterly report to the Office of Probation required pursuant to the discipline in this matter.
10. Respondent shall have his ASAM certified medical doctor submit to the Office of Probation an original, signed declaration that Respondent is in compliance with the treatment of conditions by each January 10, April 10, July 10, and October 10 covered by this discipline. Respondent understands that the declarations and reports may be shared with the Office of the Chief Trial Counsel and the State Bar Court.
11. Respondent understands that treatment conditions associated with other issues or entities, such as a criminal probation, may not satisfy treatment conditions required by this section.
12. If Respondent elects to change the above selected treating physician (Dr. Joseph P. Frawley) to another physician, such physician must be a medical doctor certified by the American Society of Addiction Medicine (ASAM). If any treatment providers are added or changed, Respondent must notify the Office of Probation of the name, address, and telephone number of all such treatment providers within ten days of the retaining of each one. Within 30 days of retaining each such treatment provider, Respondent must provide to the Office of Probation an original signed declaration from the treatment provider stating that it received a complete copy of this stipulation. Also within 30 days of retaining each such treatment provider, Respondent must provide to the Office of Probation an executed waiver of confidentiality as well as an original, signed declaration from the treatment providers acknowledging receipt of the waiver.
13. Respondent has been informed of the existence and nature of the State Bar’s Lawyer Assistance Program and of the State Bar Court’s Alternative Discipline Program, and Respondent has specifically declined to seek entry into either.
SIGNATURE OF THE PARTIES
Case Number(s): 09-C-15963
In the Matter of: John Josep Thyne
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: John J. Thyne III
Date: May 19, 2010
Respondent’s Counsel:
Date:
Deputy Trial Counsel: Elina Kreditor
Date: May 20, 2010
Case Number(s): 09-C-15963
In the Matter of: John Joseph Thyne
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 – Pro Ten Judge: George Scott
Date: May 27, 2010
[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 Los Angeles, on May 28, 2010, 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:
JOHN J. THYNE III, ESQ.
LAW OFC JOHN THYNE III
2000 STATE ST
SANTA BARBARA, CA 93105
checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
ELINA KREDITOR, ESQ., Enforcement, Los Angeles
I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on May 28, 2010.
Signed by:
Rose Luthi
Case Administrator
State Bar Court