Case Number(s): 10-H-00027
In the Matter of: Donna Bullock-Carrera, Bar #109223, 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: Paul Virgo, P.O. Box 67682
Los Angeles, CA 90067
(310)642-6900
Bar #67900
Submitted to: Settlement Judge State Bar Court Clerk’s Office Los Angeles.
Filed: May 5, 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 October 12, 1983.
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):
<<not>> 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.
<<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.
Stayed Suspension
IN THE MATTER OF: Donna Bullock-Carrera
CASE NUMBER(S): ET AL. 10-H-00027
FACTS AND CONCLUSIONS OF LAW
Respondent admits that the following facts are true and that she is culpable of violations of the specified statutes and/or Rules of Professional Conduct.
Facts:
1. On September 17, 2008, Respondent entered into a Stipulation re Facts, Conclusions of Law and Disposition ("Stipulation") with the State Bar of California in Case No. 06-C-12254.
2. On September 18, 2008, the Stipulation was approved by the State Bar Court.
3. On September 25, 2008, the Hearing Department of the State Bar Court filed an Order, pursuant to the Stipulation, imposing on Respondent a Public Reproval with conditions ("Order").
4. On September 25, 2008, the State Bar Court properly served the Order on Respondent at her official State Bar Membership Records address. Respondent received the Order.
5. The Order and Public Reproval became effective on October 16, 2008.
6. Pursuant to the Order, Respondent was required to comply with certain terms and conditions attached to the Public Reproval for a period of one (1) year from the effective date of the Order, including the following:
Respondent must submit written quarterly reports to the Office of Probation each January 10, April 10, July 10, and October 10 of the condition period attached to the reproval. 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 the reproval during the preceding calendar quarter. Respondent must also state in each report 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) thirty days, that report must be submitted on the next following 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 condition period and no later than the last day of the condition period.
Attachment Page 6
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 of the effective date of the reproval.
7. On October 6, 2009, Respondent made a Motion for an Order Extending the Time to Take and Pass the MPRE. On or about October 8, 2009, the State Bar Court granted the Motion and ordered that Respondent shall have until 10 days after the results of the November 2009 MPRE examination were released to submit proof to the Office of Probation of successful completion of the MPRE.
8. Respondent did not timely file her quarterly reports due January 10, April 10, and July 10, 2009, and did not timely file her final report due October 16, 2009.
9. Respondent did not take the MPRE in November 2009 and therefore, did not provide proof of successful completion of the MPRE.
10. Respondent took the March 2010 MPRE and received a passing score.
Conclusions of Law:
By not timely filing her quarterly reports due January 10, April 10, and July 10, 2009; by not timely filing her final report due October 16, 2009 and; by not timely providing proof of successful completion of the MPRE, Respondent wilfully failed to comply with all conditions attached to her reproval in violation of Rules of Professional Conduct, rule 1-110.
MITIGATING FACTORS
Respondent attempted to take the November 7, 2009, MPRE. She arrived at the testing site and after her arrival, was unable to find the exact location of the exam. When she finally found the exam site, she was too late to be admitted to the exam.
On February 5, 2010, Respondent made a motion before the State Bar Court for an Order Extending the Time for her to take and pass the MPRE. On February 17, 2010, the State Bar Court issued an Order granting the motion and giving Respondent until 10 days after the results of the March 2010 examination are released to submit proof of successful completion to the Office of Probation. Respondent took the March 2010 MPRE and received a passing score.
AUTHORITIES SUPPORTING DISCIPLINE
Standard 2.9 requires suspension for a violation of rule 1-110 of the Rules of Professional Conduct.
Standard 1.7 requires disbarment where a member has a prior record of two prior impositions of discipline unless the most compelling mitigating circumstances clearly predominate.
Here, Respondent’s prior record does not warrant disbarment. There is a lack of common thread in her disciplinary history and a collective lack of severity sufficient enough to warrant disbarment. (Matter of Buckley (1990) 1 Cal. State Bar Ct. Rptr. 201 .) Moreover, neither the instant discipline or Respondent’s second discipline involved clients and she has cooperated throughout these proceedings. (Matter of
Posthuma (1998) 3 Cal. State Bar Ct. Rptr. 813.)
PENDING PROCEEDINGS.
The disclosure date referred to, on page 2, paragraph A(6), was March 18, 2010.
COSTS OF DISCIPLINARY PROCEEDINGS.
Respondent acknowledges that the Office of the Chief Trial Counsel has informed respondent that as of March 18, 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.
Case Number(s): 10-H-00027
In the Matter of: Donna Bullock-Carrera
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: Donna Bullock-Carrera
Date: April 20, 2010
Respondent’s Counsel: Paul J. Virgo
Date: April 20, 2010
Deputy Trial Counsel: Melanie J. Lawrence
Date: April 22, 2010
Case Number(s): 10-H-00027
In the Matter of: Donna Bullock-Carrera
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 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: Donald F. Miles
Date: May 4, 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 5, 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:
STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION AND ORDER APPROVING STAYED SUSPENSION; NO ACTUAL SUSPENSION
checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
MELANIE LAWRENCE, Enforcement, Los Angeles
I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on May 5, 2010.
Signed by:
Tammy Cleaver
Case Administrator
State Bar Court