Case Number(s): 10-H-10200
In the Matter of: Jay Curtis Cox, Bar # 147858, A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Diane J. Meyers, 1149 S. Hill St.
Los Angeles, CA 90015
(213) 765-1496
Bar # 146643
Counsel for Respondent: In Pro Per Respondent
Jay Curtis Cox
1122 E. Lincoln Ave., Ste. 200
Orange, CA 92865
(714) 283-3333
Bar # 147858
Submitted to: Assigned Judge – State Bar Court Clerk’s Office Los Angeles.
Filed: January 18, 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.
1. Respondent is a member of the State Bar of California, admitted September 9, 1990.
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 added to membership fee for calendar year following effective date of discipline.
<<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.
a. State Bar Court case # of prior case: 00-C-10170, 00-C-12669 and 00-C-`12875
b. Date prior discipline effective: June 14, 2001
c. Rules of Professional Conduct/State Bar Act violations: No violation of the Rules of Professional Conduct or section of the State Bar Act was noted, but Respondent stipulated that the facts and circumstances underlying his violations of Health & Safety Code section 11377 and California Vehicle Code sections 23103.5 and 14601.5 did not involve moral turpitude, but involved other misconduct warranting discipline.
d. Degree of prior discipline: a two-year suspension, stayed, a three-year probation, and a one-year actual suspension.
Culpability of a member of a willful violation of rule 1-110, Rules of Professional Conduct, shall result in suspension.
Respondent admits that the following facts are true and that he is culpable of the following violations:
FACTS:
1. On January 5, 2010, Respondent entered into a Stipulation Re: Facts, Conclusions of Law and Disposition and Order Approving Public Reproval ("Stipulation") with the Office of the Chief Trial Counsel of the State Bar of California in case number 09-C-13668.
2. On January 7, 2010, the State Bar Court filed an order approving the Stipulation.
3. Effective January 28, 2010, Respondent was publicly reproved for a period of one year by the State Bar Court in connection with case number 09-C-13668.
4. As conditions of the public reproval, Respondent was ordered to do the following:
a. Within 30 days of the effective date of discipline, contact the Office of Probation and schedule a meeting with Respondent’s assigned probation deputy to discuss the terms and conditions of probation; and upon direction of the Office of Probation, meet with the probation deputy either in-person or by telephone (the "meeting condition").
b. Attend at least two Alcoholic Anonymous ("AA") meetings per month and two School Ten, Inc. ("School Ten") meetings per month; and provide to the Office of Probation satisfactory proof of attendance during each month, on or before the tenth day of the following month during the condition or probation period (the "AA and School Ten conditions").
c. Select a licensed medical laboratory approved by the Office of Probation; furnish to the laboratory blood and/or urine samples as may be required to show that Respondent had abstained from alcohol and/or drugs and in such a manner as specified by the laboratory to ensure specimen integrity; cause the laboratory to provide to the Office of Probation, at 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 days previously (the "lab conditions").
d. Submit written quarterly reports to the Office of Probation on each January 10, April 10, July 10, and October 10 of the condition period attached to the reproval; under penalty of perjury, 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; under penalty of perjury, 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; and if the first report would cover less than 30 days, submit that report on the next following quarter date, and cover the extended period (the "quarterly report conditions").
5. Respondent did not comply with the meeting condition attached to the public reproval. Respondent was required to contact the Office of Probation, schedule a meeting, and meet with his assigned probation deputy by February 27, 2010. Respondent contacted the Office of Probation, scheduled a meeting, and had a meeting with his assigned probation deputy on March 1, 2010.
6. Respondent did not comply with the AA and School Ten conditions, the lab conditions, and the quarterly report conditions, as follows:
a. Respondent did not file proof of his attendance at AA and School Ten meetings with the Office of Probation due on February 10, March 10, and November 10, 2010.
b. Respondent’s quarterly report with proof of attendance at AA and School Ten meetings and lab result, due on April 10, 2010, were filed late with the Office of Probation on April 12, 2010.
c. Respondent did not file his lab result with the Office of Probation due on February 10, August 10, September 10, October 10, and November 10, 2010.
d. Respondent’s lab result, due on May 10, 2010, was filed late with the Office of Probation on May 13, 2010, and the result filed did not include a result for alcohol.
e. Respondent’s proof of attendance at AA and School Ten meetings, due on May 10 and June 10, 2010, was filed late with the Office of Probation on June 17, 2010.
f. Respondent’s lab result filed with the Office of Probation on June 9, 2010, did not include a result for alcohol.
g. Respondent’s lab result, due on July 10, 2010, was filed late with the Office of Probation due on July 22, 2010, and the result for the alcohol test was from a breath test, not from a blood test or a urine test. Respondent’s lab result for an alcohol test was filed late with the Office of Probation on July 28, 2010.
h. Respondent’s quarterly report with proof of attendance at AA and School Ten meetings, due on July 10, 2010, was filed late with the Office of Probation on July 23, 2010.
i. Respondent’s proof of attendance at AA and School Ten meetings, due on August 10, 2010, was filed late with the Office of Probation on August 16, 2010.
j. Respondent’s quarterly report with proof of attendance at AA and School Ten meetings, due on October 10, 2010, was filed late with the Office of Probation on October 19, 2010.
k. Respondent filed proof of his attendance at only one AA meeting and only one School Ten meeting with the Office of Probation on October 10, 2010.
CONCLUSION OF LAW
By the foregoing conduct, Respondent failed to comply with
conditions attached to a public reproval, in wilful violation of rule 1-110 of
the Rules of Professional Conduct.
Case Number(s): 10-H-10200
In the Matter of: Jay Curtis Cox
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 three meetings per month of:
checked. Alcoholics Anonymous
<<not>> checked. Narcotics Anonymous
<<not>> checked. The Other Bar
<<not>> 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.
checked. f. Other: Respondent is presently in a substance abuse program with School Ten, Inc. From December 2010 through May 2011, Respondent is required to attend a meeting with a School Ten counselor once a month. Respondent agrees to provide proof of his meetings with the School Ten counselor from December 2010 through May 2011 to the Office of Probation with his first quarterly report, and in any subsequent quarterly report covering the period of December 2010 through May 2011.
Case Number(s): 10-H-10200
In the Matter of: Jay Curtis Cox
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: Jay Curtis Cox
Date: December 29, 2010
Respondent’s Counsel:
Date:
Deputy Trial Counsel: Diane J. Meyers
Date: January 4, 2011
Case Number(s): 10-H-10200
In the Matter of: Jay Curtis Cox
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: January 18, 2011
[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 January 18, 2011, I deposited a true copy of the following document(s):
STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION AND ORDER APPROVING STAYED SUSPENSION; NO ACTUAL SUSPENSION
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:
J. CURTIS COX
DADSLAW INC.
1122 E. LINCOLN AVENUE
ORANGE, CA 92865
checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
DIANE J. MEYERS, Enforcement, Los Angeles
I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on January 18, 2011.
Signed by:
Tammy Cleaver
Case Administrator
State Bar Court