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): 09-C-16768
In the Matter of: Jo Eric Gelb, Bar #168846, A Member
of the State Bar of California, (Respondent).
Counsel For The State Bar: Melanie J. Lawrence, 1149 South
Hill Street
Los Angeles, CA 90015
(213)765-1066
Bar # 230102
Counsel for Respondent: In Pro Per Respondent
Jon Eric Gelb
1680 N. Fair Oaks Ave.
Pasadena, CA 91103
Bar # 168848
Submitted to: Settlement Judge State Bar Court Clerk’s
Office Los Angeles.
Filed: May 13, 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.
A. Parties' Acknowledgments:
1.
Respondent is a member of the State Bar
of California, admitted December 27, 1993.
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):
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checked. Costs are added to membership fee for calendar year following
effective date of discipline.
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.) If Respondent fails to pay any
installment as described above, or as may be modified by the State Bar Court,
the remaining balance is due and payable immediately.
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checked. Costs are waived in part as set forth in a separate attachment
entitled "Partial Waiver of Costs".
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checked. Costs are 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.
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(1) Prior
record of discipline [see standard 1.2(f)].
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(a)
State Bar Court case # of prior case
00-C-13214, 00-C-13898
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(b)
Date prior discipline effective May 22, 2001
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(c)
Rules of Professional Conduct/ State Bar Act violations: The prior stipulation
does not indicate the Rule violation but, was based upon Respondent’s criminal
convictions for violating Health and Safety code § 11350(a) (possession of a
controlled substance), Vehicle Code § 23152(a) (driving under the influence of
drugs), and Health and Safety Code § 664/11350(a)(attempted possession of a
controlled substance).
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(d)
Degree of prior discipline Public Reproval
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(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.
<<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.
<<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.
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(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:
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(1) Stayed
Suspension:
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(a)
Respondent must be suspended from the practice of law for a period of one year.
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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.
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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: .
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(b) The above-referenced
suspension is stayed.
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(2)
Probation: Respondent must be placed on probation for a period of 2
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:
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(1) During
the probation period, Respondent must comply with the provisions of the State
Bar Act and Rules of Professional Conduct.
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(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.
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(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.
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(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.
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(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.
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(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.
checked. No Ethics School recommended.
Reason:
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(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.
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(9) The following
conditions are attached hereto and
incorporated:
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checked. Substance Abuse Conditions.
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checked. Law Office Management Conditions.
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checked. Medical Conditions.
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checked. Financial Conditions.
F. Other Conditions Negotiated by the Parties:
<<not>> 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 5.162(A) & (E), Rules of
Procedure.
<<not>>
checked. No MPRE recommended. Reason:
<<not>> checked. (2) Other
Conditions: .
SUBSTANCE ABUSE CONDITIONS
Case Number(s): 09-C-16768
In the Matter of: Jon Eric Gelb
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 four meetings per
month of:
checked. Alcoholics
Anonymous
checked. Narcotics
Anonymous
<<not>>
checked. The Other Bar
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checked. Other program
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.
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.
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.
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.
Substance Abuse Conditions: Respondent may use the
IMPACT Drug & Alcohol Treatment Center’s facilities for the processing of
the blood and/or urine samples if it offers an 8-panel drug test, an Ethyl
Glucuronide test, and performs its tests pursuant to Department of
Transportation guidelines.
ATTACHMENT TO
STIPULATION RE FACTS, CONCLUSIONS OF LAW AND
DISPOSITION
IN THE MATTER OF: Jon Eric Gelb
CASENUMBER(S): ET AL. 09-C-16768
PROCEDURAL BACKGROUND IN CONVICTION PROCEEDING.
1. This is a proceeding pursuant to sections 6101 and 6102
of the Business and Professions Code and rule 9.10 of the California Rules of
Court.
2. On November 6, 2009, respondent was convicted by plea, of
violating Vehicle Code section 23152(a), Driving Under the Influence of Alcohol
or Drugs with one admitted prior. Respondent was sentenced to sixty months
formal probation with conditions.
3. On March 2, 2010, the Review Department of the State Bar
Court issued an order referring the matter to the Hearing Department on the
following issues: Whether the facts and circumstances surrounding the
conviction involve moral turpitude or other misconduct warranting discipline
and if so, the discipline to be imposed.
FACTS AND CONCLUSIONS OF LAW.
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.
Facts:
On October 19, 2008, at approximately 9:40 a.m., Los Angeles
County Sheriff’s Department deputies stopped Respondent who was driving a
vehicle with no front license plate and an expired registration.
During the traffic stop, officers located a syringe and
various other packaging commonly associated with narcotics use in the area of
the vehicle within Respondent’s immediate control.
3. Respondent exhibited objective signs of being under the
influence and admitted to having used drugs earlier in the day.
4. Respondent was placed under arrest and consented to the
withdrawal of a blood sample. The sample tested positive for opiates.
Conclusions of Law:
By driving a vehicle while under the influence of drugs,
Respondent committed acts of other misconduct warranting discipline in
violation of Business and Professions Code § 6068(a).
AUTHORITIES SUPPORTING DISCIPLINE.
Conviction of a crime which does not involve moral
turpitude, but does involve other misconduct warranting discipline shall result
in a sanction prescribed under part B of the standards appropriate to the
nature and extent of the misconduct. (Standards for Attorney Sanctions for
Professional Misconduct,
Standard 3.4)
Under part B, offenses involving a violation for which the
level of discipline is not otherwise specified shall result in reproval or
suspension according to the gravity of the offense or harm, if any, to the
victim, with due regard for the purposes of imposing discipline. (Standards for
Attorney Sanctions for Professional Misconduct, Standard 2.10)
MITIGATING CIRCUMSTANCES.
Respondent entered residential treatment at the Impact Drug
and Alcohol Treatment Program in June 2009. He completed the program in
December 2009. Since then he has participated in Impact’s internship staff
training program and is currently training there to be a caseworker. (Standards
for Attorney Sanctions for Professional Misconduct, Standard 1.2(e)(vii).)
Respondent self-reported his conviction and agreed to settle
this matter at a very early stage in the formal proceedings. (Standards for
Attorney Sanctions for Professional Misconduct, Standard 1.2(e)(v).)
COSTS OF DISCIPLINARY PROCEEDINGS.
Respondent acknowledges that the Office of the Chief Trial
Counsel has informed respondent that as of April 16, 2010, the prosecution
costs in this matter are $1,636.00. 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.
Attachment page 9
SIGNATURE OF THE PARTIES
Case Number(s): 09-C-16768
In the Matter of: Jon Eric Gelb
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: Jon Eric Gelb
Date: April 22, 2010
Respondent’s Counsel:
Date:
Deputy Trial Counsel: Melanie J. Lawrence
Date: April 22, 2010
STAYED SUSPENSION ORDER
Case Number(s): 09-C-16768
In the Matter of: Jon Eric Gelb
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:
<<not>> checked. The
stipulated facts and disposition are APPROVED and the DISCIPLINE RECOMMENDED to
the Supreme Court.
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.
On page 2 of the stipulation, at the end of paragraph A.(8) (Payment of
Disciplinary Costs), the
following text is inserted: Costs are enforceable both as provided in Business
and Professions Code section 6140.7 and as money judgment. If Respondent fails
to pay any installment as described above, or as may be modified by the State
Bar Court (Bus. & Prof. Code, section 6086.10, subd. (c);Rules of Procedure
of the State Bar, rule 282), the remaining balance is due immediately.
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.)
Signed by:
Judge of the State Bar Court: Richard A. Honn
Date: May 13, 2010
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 Los
Angeles on May 13, 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:
JON E GELB ESQ
1680 N FAIR OAKS AVE
PASADENA, CA 91103
checked. by
interoffice mail through a facility regularly maintained by the State Bar of
California addressed as follows:
Melanie J. Lawrence; Enforcement, Los Angeles
I hereby certify that the foregoing is true and correct.
Executed in Los Angeles, California, on May 13, 2010.
Signed by:
Julieta E. Gonzales
Case Administrator
State Bar Court