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-04415
In the Matter of: Jennifer F. Blackburn, Bar # 214781, A Member
of the State Bar of California, (Respondent).
Counsel For The State Bar: Donald R. Steedman, Supervising
Trial Counsel
180 Howard Street
San Francisco, CA 94105
Bar # 104927,
Counsel for Respondent: In Pro Per Respondent
Jennifer F. Blackburn
16-540 Keaau-Pahoa Rd. #2-242
Keeau, HI 96749
Bar # 214781
Submitted to: Settlement Judge – State Bar Court Clerk’s
Office San Francisco.
Filed: November 1, 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 November 5, 2001.
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.
checked. (1) Prior record of discipline [see standard 1.2(f)]
checked.
(a)
State Bar Court case # of prior case 06-O-14507.
checked.
(b)
Date prior discipline effective March 23, 2008.
checked.
(c)
Rules of Professional Conduct/ State Bar Act violations: Rules of Professional
Conduct 3-110(A), 3-700(D)(2), Business and Professions Code section 6068(m),
6068(i).
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(d)
Degree of prior discipline Two years stayed suspension.
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(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.
<<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.
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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(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. Respondent suffered from depression, for which
she is now obtaining treatment, as well as issues related to her move to
another State and unemployment.
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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:
D.
Discipline:
checked.
(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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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 two 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 30 days.
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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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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:
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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.
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(2)
During the probation period, Respondent must comply with the provisions of the
State Bar Act and Rules of Professional Conduct.
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(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.
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(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.
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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:
<<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 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.
checked. No MPRE recommended. Reason: Respondent was ordered to
pass the examination as part of her 2008 disciplinary sanction.
<<not>> 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: Within two years of the effective date of discipline herein, respondent
must provide to the Office of Probation satisfactory proof of attendance at a
session of Ethics School, and passage of the test given at the end of that
session. Respondent is being given two years to schedule and attend Ethics
School, rather than the normal one year, because she resides out of state.
Attachment language (if any):.
DATE OF
DISCLOSURE
The notice
referenced in paragraph A7 of this stipulation was sent to respondent on
October 19, 2010.
SUPPORTING
AUTHORITY
Attorneys who
commit probation violations usually receive substantial periods of actual
suspension (e.g., In the Matter of Laden (Review Dept. 2004) 4 Cal. State Bar
Ct. Rptr. 678).
STATEMENT OF
FACTS AND CONCLUSIONS OF LAW
1. Respondent
willfully violated Business and Professions Code, section 6068(k), by failing
to comply with all conditions attached to any disciplinary probation, as
follows:
2. On or
about February 21, 2008, the California Supreme Court filed a disciplinary
order in State Bar Court case number 06-0-14507 et seq. (Supreme Court case
number S 159075).
3. The
disciplinary order inter alia placed respondent on probation for two years and
required her to comply with conditions specified in the stipulation that
respondent had signed on or about October 12, 2007 and that had been approved
by the State Bar Court on October 23, 2007.
4. The
disciplinary order and the probation conditions became effective thirty days
after the order was filed (California Rules of Court, rule 9.18(b)), i.e., on
March 23, 2008, and at all times subsequent have remained in full force and
effect.
5. 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 then
maintained with the State Bar in accordance with Business and Professions Code
section 6002.1, subdivision (a). At all times pertinent hereto, respondent was
on actual notice of the Supreme Court’s order and probation conditions.
6. MEETING
WITH PROBATION DEPUTY.
(a) One of
the conditions of probation provided as follows:
"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."
(b)
Respondent willfully violated this condition by failing to contact the Office
of Probation and schedule the meeting prior to the expiration of the 30-day
deadline.
(c) Respondent
did not comply with this condition until June 17, 2008 (and, even then, the
initial contact was made by the Office of Probation, not respondent).
7. QUARTERLY
REPORTING CONDITION.
(a) One of the
conditions of probation required respondent to submit quarterly reports as
follows:
"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;"
(b)
Respondent willfully violated this probation condition by failing to timely
submit three reports and by failing to submit the filing report at all, as
follows:
DATE DUE:
January 10, 2009,
DATE
SUBMITTED: January 13, 2009
DATE DUE:
April 10, 2009,
DATE
SUBMITTED: April 13, 2009
DATE DUE:
January 10, 2010,
DATE
SUBMITTED: January 11, 2010
DATE DUE:
March 23, 2010,
DATE
SUBMITTED: October 19, 2010 (mailed to State Bar)
SIGNATURE OF THE PARTIES
Case Number(s): 10-O-4415
In the Matter of: Jennifer F. Blackburn
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: Jennifer
F. Blackburn
Date: October
19, 2010
Respondent’s
Counsel:
Date:
Deputy Trial
Counsel: Donald R. Steedman
Date: October
22, 2010
ACTUAL SUSPENSION ORDER
Case Number(s): 10-O-4415
In the Matter of: Jennifer F. Blackburn
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: Lucy Armendariz
Date: November
1, 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 San
Francisco, on November 1, 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 San
Francisco, California, addressed as follows:
JENNIFER F. BLACKBURN
STE 2 PMB 242
16-540 KEAAU PAHOA RD
KEAAU, HI 96749
<<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:
Treva R. Stewart, Enforcement, San
Francisco
I hereby
certify that the foregoing is true and correct. Executed in San Francisco,
California, on November 1, 2010.
Signed by:
George Hue
Case
Administrator
State Bar
Court