State Bar Court of California
Hearing Department
STIPULATION RE FACTS, CONCLUSIONS OF
LAW AND DISPOSITION AND ORDER APPROVING
ACTUAL SUSPENSION
Case Number(s): 09-N-14492
In the Matter of: George H. Dunlap, Bar # 138896, A Member
of the State Bar of California, (Respondent).
Counsel For The State Bar: Tammy M. Albertsen-Murray, Bar #
154248,
Counsel for Respondent: Pamela Dunlap, Bar # 152414,
Submitted to: Settlement Judge – State Bar Court Clerk’s
Office San Francisco.
Filed: December 8, 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 December
22, 1988.
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. Until costs are paid in full,
Respondent will remain actually suspended from the practice of law unless
relief is obtained per rule 284, Rules of Procedure.
<<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.) 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.
<<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.
B. Aggravating Circumstances [for definition, see
Standards for Attorney Sanctions for Professional Misconduct, standard 1.2(b)].
Facts supporting aggravating circumstances are required.
checked. (1) Prior record of discipline [see standard 1.2(f)]
checked. (a) State Bar Court
case # of prior case 02-O-14001-LMA (Supreme Court case number S 169935).
checked. (b) Date prior
discipline effective April 17, 2009..
checked. (c) Rules of
Professional Conduct/ State Bar Act violations: Business and Professions Code
sections 6068(a) [via Government Code section 19990(a), attempting to use the
prestige of his position in the San Joaquin District Attorney’s Office to
influence a CHP investigation]; 6106 [moral turpitude/false representations to
fellow district attorney and to judge]; 6106 [moral turpitude/lie to San
Francisco police officer]; 6068(o)(4) [failure to notify State Bar of filing of
two-count felony information].
checked. (d) Degree of
prior discipline Five (5) years’ stayed suspension, five (5) years’ probation
with conditions including, inter alia, two (2} years’ actual suspension,
continuing until respondent successfully makes a motion pursuant to standard
1.4(c} (ii}; compliance with Rule of Court 9.20.
<<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. Failure to comply with an order of the
California Supreme Court inherently involves harm to the administration of
justice. It also interferes with and prevents proper monitoring of a suspended
attorney.
<<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.
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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.
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checked. (2) No Harm: Respondent did not harm the client or person who was
the object of the misconduct.
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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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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.
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checked. (5) Restitution: Respondent paid $ on in restitution to without
the threat or force of disciplinary, civil or criminal proceedings.
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checked. (6) Delay: These disciplinary proceedings were excessively
delayed. The delay is not attributable to Respondent and the delay prejudiced
him/her.
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checked. (7) Good Faith: Respondent acted in good faith.
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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.
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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.
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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.
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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.
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checked. (12) Rehabilitation: Considerable time has passed since the acts of
professional misconduct occurred followed by convincing proof of subsequent
rehabilitation.
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checked. (13) No mitigating circumstances are involved.
Additional mitigating circumstances:
Respondent displayed remorse
under conditions other than those stated in C.(4) above.
Respondent stipulated to
discipline in this case, thus accepting responsibility and sparing the State
Bar and State Bar Court additional prosecution and court-related expenses.
D.
Discipline:
checked. (1) Stayed Suspension:
checked.
(a) Respondent must be suspended from the practice of law for a period of three
(3) years.
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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.
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checked. ii. and until Respondent pays restitution as set forth in the
Financial Conditions form attached to this stipulation.
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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 three
(3) years, which will commence upon the effective date of the Supreme Court
order in this matter. (See rule 9.18, California Rules of Court.)
checked. (3) Actual Suspension:
checked.
(a) Respondent must be actually suspended from the practice of law in the State
of California for a period of two (2) years, to run concurrently with the
discipline, including actual suspension, in State Bar case number 02-O-]
4001-LMA (Supreme Court case number S ] 69935. See "Other Conditions"
in Stipulation Attachment at page 8..
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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
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checked. ii. and until Respondent pays restitution as set forth in the
Financial Conditions form attached to this stipulation.
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checked. iii. and until Respondent does the following: .
E. Additional Conditions of Probation:
checked.
(1) If Respondent is actually suspended for two years or more,
he/she must remain actually suspended until he/she proves to the State Bar
Court his/her rehabilitation, fitness to practice, and learning and ability in
the general law, pursuant to standard 1.4(c)(ii), Standards for Attorney
Sanctions for Professional Misconduct.
checked.
(2) During the probation period, Respondent must comply with
the provisions of the State Bar Act and Rules of Professional Conduct.
checked.
(3) 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.
(4) 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.
(5) 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.
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checked. (6) 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.
(7) 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.
checked.
(8) 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.
No Ethics School recommended. Reason: .
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checked. (9) 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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checked. (10) 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 during the
period of actual suspension or within one year, whichever period is longer.
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.
<<not>> checked. No MPRE recommended. Reason: .
checked. (2) 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. (3) Conditional Rule 9.20, California
Rules of Court: If Respondent remains actually suspended for 90 days or more,
he/she 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 120 and 130 calendar days, respectively, after the effective date of the
Supreme Court's Order in this matter.
<<not>> checked. (4) Credit for Interim Suspension
[conviction referral cases only]: Respondent will be credited for the period
of his/her interim suspension toward the stipulated period of actual
suspension. Date of commencement of interim suspension: .
checked. (5) Other
Conditions: Please see “Other Conditions” in Stipulation Attachment at page 8..
Attachment language (if any):.
ATTACHMENT TO
STIPULATION RE FACTS, CONCLUSIONS OF
LAW AND DISPOSITION
IN THE MATTER OF: GEORGE H.
DUNLAP, Jr, State Bar No. 138896
STATE BAR COURT CASE NUMBER:
09-N-14492
Respondent pleads
nolo contendere to the following facts and violations. Respondent completely
understands that the plea for nolo contendere shall be considered the same as
an admission of the stipulated facts and of his or her culpability of the
statutes and/or Rules of Professional Conduct specified herein.
FACTS AND
CONCLUSIONS OF LAW.
Respondent
violated Business and Professions Code section 6103 by wilfully disobeying or
violating an order of the court requiring respondent to do or forbear an act
connected with or in the course of respondent’s profession which respondent
ought in good faith to do or forbear, specifically, an order requiring
respondent to comply with Rule 9.20 of the California Rules of Court, as
follows:
Respondent
also violated rule 9.20(c), California Rules of Court, as follows:
On March 18,
2009, the California Supreme Court filed a disciplinary order in State Bar
Court 02-O-14001 (Supreme Court Case Number S169935).
The
disciplinary order required respondent to comply with California Rule of Court
9.20 and to perform the acts specified in subdivisions (a) and (c) of that rule
within 30 and 40 days, respectively, after the effective date of the order. The
order also suspended respondent from the practice of law.
The
disciplinary order became effective thirty days after it was filed (California
Rules of Court, rule 9.18(b)), and at all times subsequent has remained in full
force and effect.
Notice of the
disciplinary order was properly served upon respondent in the manner prescribed
by California Rule of Court 9.18(b) at the address respondent maintained with
the State Bar in accordance with Business and Professions Code section 6002.1,
subdivision (a).
The deadlines
for complying with rule 9.20(a) and rule 9.20(c) expired on or about May 17,
2009, and May 27, 2009, respectively.
Respondent
wilfully violated the rule 9.20 order by failing to file proof of compliance as
required by rule 9.20(c) prior to the deadline.
Respondent
did not comply with rule 9.20(c) until September 11, 2009. Respondent states
that at the time 9.20 compliance was required, respondent had no clients, nor
client papers or other property to which clients were entitled and did not
represent clients in pending matters.
PENDING
PROCEEDINGS.
The disclosure
date referred to, on page 2, paragraph A(7), was October 23, 2009.
COSTS OF
DISCIPLINARY PROCEEDINGS.
Respondent
acknowledges that the Office of the Chief Trial Counsel has informed respondent
that as of October 23, 2009, the prosecution costs in this matter are
$1,641.00. 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.
AUTHORITIES
SUPPORTING DISCIPLINE.
Standards for
Attorney Discipline, standard 2.6(b);
In the
Matter of Rose
(Review Dept. 1994) 3 Cal. State Bar Ct. Rptr. 192.
OTHER
CONDITIONS NEGOTIATED BY THE PARTIES.
All
disciplinary terms and conditions associated with the instant matter will run
concurrently to the disciplinary terms and conditions in case number
02-O-14001-LMA ("prior discipline").
If respondent
takes, passes and provides to the Office of Probation ("OP")
satisfactory proof of passage of both Ethics School and the Multistate
Professional Responsibility Examination ("MPRE") within the time
frame currently mandated for his prior discipline, then respondent will not
have to re-take Ethics School or the MPRE in connection with the instant
matter. If, however, respondent fails to take Ethics School and/or the MPRE for
the prior discipline within the currently mandated time, then he must re-take
and pass both Ethics School and the MPRE separately, in association with the
instant discipline. To benefit from not having re-take Ethics School and the
MPRE, respondent may not seek or move for an extension of time within which to
take and pass and provide to OP proof of passage of Ethics School and the MPRE
in connection with the prior discipline, but rather must take both by the
currently mandated deadline of April 17, 2011.
RESTRICTIONS
WHILE ON ACTUAL SUSPENSION.
During the
period of actual suspension, respondent shall not:
- Render
legal consultation or advice to a client;
- Appear on
behalf of a client in any hearing or proceeding or before any judicial
officer, arbitrator, mediator, court, public agency, referee, magistrate,
commissioner, or hearing officer;
- Appear as a
representative of a client at a deposition or other discovery matter;
- Negotiate
or transact any matter for or on behalf of a client with third parties;
- Receive,
disburse, or otherwise handle a client’s funds; or
- Engage in
activities which constitute the practice of law.
Respondent shall
declare under penalty of perjury that he or she has complied with this
provision in any quarterly report required to be filed with the Office of
Probation, pertaining to periods in which the respondent was actually suspended
from the practice of law.
SIGNATURE OF THE PARTIES
Case Number(s): 09-N-14492
In the Matter of: GEORGE H. DUNLAP, Jr.
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: George
H. Dunlap, Jr.
Date: December
3, 2009
Respondent’s
Counsel: Pamela Dunlap
Date: December
3, 2009
Deputy Trial
Counsel: Tammy M. Albertsen-Murray
Date: December
4, 2009
ACTUAL SUSPENSION ORDER
Case Number(s): 09-N-14492
In the Matter of: GEORGE H. DUNLAP, Jr.
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.
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checked. The stipulated facts and disposition are APPROVED AS MODIFIED as set
forth below, and the DISCIPLINE IS RECOMMENDED to the Supreme Court.
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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: George Scott
Date: December
8, 2009
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 December 9, 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 San Francisco,
California, addressed as follows:
PAMELA K. DUNLAP
OFC DISTRICT ATTORNEY
701 OCEAN ST RM 200
SANTA CRUZ, CA 95060
<<not>> checked. by
certified mail, No. , with return receipt requested, through the United States
Postal Service at , California, addressed as follows:
<<not>> checked. by overnight
mail at , California, addressed as follows:
<<not>> checked. by fax
transmission, at fax number . No error was reported by the fax machine that I
used.
<<not>> checked. By
personal service by leaving the documents in a sealed envelope or package
clearly labeled to identify the attorney being served with a receptionist or a
person having charge of the attorney’s office, addressed as follows:
checked. by interoffice mail through a
facility regularly maintained by the State Bar of California addressed as
follows:
TAMMY A. ALBERTSEN-MURRAY,
Enforcement, San Francisco
I hereby
certify that the foregoing is true and correct. Executed in San Francisco,
California, on December 9, 2009.
Signed by:
Bernadette
C.O. Molina
Case
Administrator
State Bar
Court