State Bar Court of California
Hearing Department
STIPULATION RE FACTS, CONCLUSIONS OF LAW AND
DISPOSITION AND ORDER APPROVING
ACTUAL SUSPENSION
Case Number(s): 10-O-01320
In the Matter of: Ilse M. Butterfield, Bar # 128888 , A Member
of the State Bar of California, (Respondent).
Counsel For The State Bar: Robert Henderson, Deputy Trial
Counsel
180 Howard Street
San Francisco, CA 94105
(415) 538-2385
Bar # 173205
Counsel for Respondent: Samuel Bellicini,
Fishkin & Slatter, LLP
1111 Civic Dr., Suite 215
Walnut Creek, CA 94596
(925) 944-5600
Bar # 152191
Submitted to: Settlement Judge
Filed: June 16, 2011 State Bar Court Clerk’s Office San Francisco
<<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 June 17, 1987.
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 5.130, 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.
<<not>> checked. (1) Prior record of discipline [see
standard 1.2(f)]
<<not>>
checked. (a) State Bar
Court case # of prior case
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checked. (b) Date prior
discipline effective
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checked. (c) Rules
of Professional Conduct/ State Bar Act violations
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checked. (d) Degree of
prior discipline
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checked. (e) If
Respondent has two or more incidents of prior discipline, use space provided
below.
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. See
Stipulation Attachment
<<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.
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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. **
<<not>>
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.
<<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.
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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 has no prior record of discipline over many years of practice.
D. Discipline:
checked.
(1) Stayed Suspension:
checked. (a) Respondent must be suspended from the practice of
law for a period of one-year.
<<not>> 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.
<<not>> checked. 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:
checked. (b) The above-referenced suspension is stayed.
<<not>> checked. (2) Probation: Respondent must be
placed on probation for a period of one-year, which will commence upon the
effective date of the Supreme Court order in this matter. (See rule 9.18,
California Rules of Court.)
<<not>> 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 30-days.
<<not>> 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
<<not>> checked. 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:
E. Additional Conditions of Probation:
<<not>>
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:
<<not>>
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.
<<not>>
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 5.162(A) & (E), Rules of Procedure.
<<not>> checked. No MPRE recommended. Reason:
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(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:
<<not>> checked.
(5) Other Conditions:
ATTACHMENT TO
STIPULATION RE FACTS, CONCLUSIONS OF
LAW AND DISPOSITION
IN THE MATTER OF: Ilse M. Butterfield
CASE NUMBER(S): 10-O-01320
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.
Case No. 10-O-01320 (State Bar Investigation)
FACTS:
1. Prior to August 22, 2008, respondent was hired by Clarabelle Moura
("Moura") to represent Moura in a plaintiff’s maritime law matter.
2. On August 22, 2008, respondent filed a complaint in the matter, Moura v.
American West Steamboat Co., case no. C 08-04025 WHA, U.S. District Court,
Northern District of California ("Moura v. American West".)
3. On December 22, 2008, the defense in Moura v. American West filed a Motion
to Dismiss. Respondent reviewed the motion.
4. Thereafter, respondent prepared a declaration for Moura’s signature. However
respondent did not obtain Moura’s signature on the declaration.
5. On January 20, 2009, respondent signed Moura’s name on Moura’s declaration
("the Moura Declaration") and submitted the declaration to the court,
along with a Response to the Motion to Dismiss.
6. On February 5, 2009, a hearing was held in Moura v. American West. At the
hearing the court asked respondent about the Moura Declaration. Respondent
falsely told the court that Moura signed the declaration. At the hearing the
court denied the Motion to Dismiss and opened discovery for the case. The Order
was filed on February 6, 2009.
7. On June 5, 2009, the deposition of Moura was taken by opposing Counsel in
Moura v. American West. At the deposition Moura, testified that she did not
sign the Moura Declaration.
8. On June 18, 2009, the deposition of respondent was taken by opposing counsel
in Moura v. American West. At the deposition, respondent was asked about the
Moura Declaration. When asked "Whose signature is that?" Respondent
falsely stated "Plaintiff’s."
9. On June 23, 2009, a hearing was held in Moura v. American West. At the
hearing the court asked respondent asked about the Moura Declaration.
Respondent falsely told the court that Moura signed the declaration.
10. On June 24, 2009, the court granted a substitution of attorney removing
respondent from Moura v. American West.
CONCLUSIONS OF LAW:
11. By falsely stating to the court and to opposing counsel that she did not
sign the declaration, respondent committed an act of moral turpitude dishonesty
and corruption.
12. By submitting the Moura Declaration to the court on January 20, 2009, and
by telling the court that she did not sign the Moura Declaration, respondent
sought to mislead the judge by an artifice or false statement of fact or law in
willful violation of Business and Professions Code section 6068(d).
PENDING PROCEEDINGS.
The disclosure date referred to, on page 2, paragraph A(7),
was April 12, 2011
AUTHORITIES SUPPORTING DISCIPLINE.
Bach v. State Bar (1987) 43 Cal.3d 848 - 60-day actual
suspension for misleading a judge, in aggravation a prior public reproval and
behavior that threatens public and undermines confidence in profession.
Hallinan v. State Bar (1948) 33 Cal.2d 246 - 90-day actual
suspension for simulating client’s signature on settlement release with no
priors.
Standard 2.3 - "Culpability of a member of an act of
moral turpitude, fraud, or intentional dishonesty toward a court, client or
another person or of concealment of a material fact to a court, client or
another person shall result in actual suspension or disbarment depending upon
the extent to which the victim of the misconduct is harmed or misled and
depending upon the magnitude of the act of misconduct and the degree to which
it relates to the member’s acts within the practice of law."
COSTS OF DISCIPLINARY PROCEEDINGS.
Respondent acknowledges that the Office of the Chief Trial
Counsel has informed respondent that as of April 12, 2011, the prosecution
costs in this matter are $2,797.00. 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.
SIGNATURE OF THE PARTIES
Case Number(s): 10-O-01320
In the Matter of: Ilse M. Butterfield
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: Ilse M. Butterfield
Date: 4-20-11
Respondent’s Counsel: Samuel C. Bellicini
Date: 5/17/11
Deputy Trial Counsel: Robert A. Henderson
Date: 5/20/11
ACTUAL SUSPENSION ORDER
Case Number(s): 10-O-01320
In the Matter of: Ilse M. Butterfield
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: Patricia McElroy
Date: June 16, 2011
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 June 16, 2011, I deposited a true copy of the following
document(s):
STIPULATION RE FACTS AND 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:
SAMUEL C. BELLICINI
FISHKIN & SLATTER, LLP
1111 CIVIC DRIVE SUITE 215
WALNUT CREEK, CALIFORNIA 94596
checked. by
interoffice mail through a facility regularly maintained by the State Bar of
California addressed as follows:
Robert Henderson, Enforcement, San Francisco
I hereby certify that the foregoing is true and correct.
Executed in San Francisco, California, on June 16, 2011.
Signed by:
George Hue
Case Administrator
State Bar Court