Case Number(s): 11-C-13342
In the Matter of: George V. Vargas, Bar # 234005, A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Charles A. Murray, Deputy Trial Counsel
1149 South Hill Street
Los Angeles, CA 90012-1236
(213) 765-1236
Bar # 146069
Counsel for Respondent: Jeffrey D. Kent, 418 E. La Habra Boulevard
LaHabra, CA 90631
(562) 694-3827
Bar # 162237
Submitted to: Settlement Judge
Filed: November 8, 2011 State Bar Court Clerk’s Office Los Angeles
<<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 December 1, 2004
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 (public reproval).
<<not>> checked. Case ineligible for costs (private reproval).
<<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.
9. The parties understand that:
<<not>> checked. (a) A private reproval imposed on a respondent as a result of a stipulation approved by the Court prior to initiation of a State Bar Court proceeding is part of the respondent’s official State Bar membership records, but is not disclosed in response to public inquiries and is not reported on the State Bar’s web page. The record of the proceeding in which such a private reproval was imposed is not available to the public except as part of the record of any subsequent proceeding in which it is introduced as evidence of a prior record of discipline under the Rules of Procedure of the State Bar.
<<not>> checked. (b) A private reproval imposed on a respondent after initiation of a State Bar Court proceeding is part of the respondent’s official State Bar Membership records, is disclosed in response to public inquiries and is reported as a record of public discipline on the State Bar’s web page.
checked. (c) A public reproval imposed on a respondent is publicly available as part of the respondent’s official State Bar membership records, is disclosed in response to public inquiries and is reported as a record of public discipline on the State Bar’s web page.
Respondent has no prior record of discipline in over 5 years of practice.
Case Number(s): 11-C-13342
In the Matter of: George Vincent Vargas Number 234005
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 2 meetings per week of any of the following meeting options:
checked. Alcoholics Anonymous
<<not>> checked. Narcotics Anonymous
checked. The Other Bar
checked. Other program Any 12-step or secular based self-help program designed to maintain abstinence from the use of alcohol and drugs.
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.
<<not>> 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.
<<not>> 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.
Other:
Respondent must obtain substance abuse help/treatment from medical provider qualified in the treatment of alcohol and drug abuse and dependency at Respondent’s own expense a minimum of one (1) time per month and must furnish evidence to the Office of Probation that Respondent is so complying with each quarterly report required required by this reproval. Treatment should commence immediately, and in any event, no later than thirty (30) days after the effective date of this reproval. Treatment shall continue for the period of this reproval or until a motion to modify this condition is granted and that ruling becomes final.
If the treating medical provider determines that there has been substantial change in Respondent’s condition, respondent of the Office for the Chief Trial counsel may file a motion for modification of this condition with the Hearing Department of the State Bar Court, pursuant to rule 5.300 of the Rules of Procedure of the State Bar. The motion must be supported by a written statement from a psychiatrist or psychologist, by affidavit or declaration under penalty of perjury, in support of the proposed modification.
IN THE MATTER OF: GEORGE VINCENT VARGAS MEMBER: 234005
CASE NUMBER(s): 11-C- 13342
PARTIES ARE BOUND BY THE STIPULATED FACTS:
The parties intend to be and are hereby bound by the stipulated facts contained in this stipulation. This stipulation as to facts and the facts so stipulated shall independently survive even if the conclusions of law and/or stipulated disposition set forth herein are rejected or changed in any manner whatsoever by the Hearing Department or the Review Department of the State Bar Court, or by the California Supreme Court.
WAIVER OF FINALITY OF CONVICTION (rule 607):
Pursuant to the Rules of Procedure of the State Bar of California, rule 607 the parties stipulate that the Court may decide the issues as to the discipline to be imposed even if the criminal convictions discussed herein are not final.
Respondent waives finality of his conviction and consents to the State Bar Court’s acceptance of this Stipulation as to facts, conclusions of law and discipline in all respects as if the conviction was final, including the entry of findings consistent with this Stipulation, imposition of discipline, or entry of a recommendation as to the degree of the discipline to be imposed.
Respondent waives any right to challenge on the basis of a lack of finality of his conviction the State Bar Court’s recommendation of discipline, if any, and the actual imposition of discipline, if any, by the State Bar Court or the California Supreme Court.
Respondent further waives any right he may have to seek review or reconsideration on the basis of any relief he may receive as a result of any appeal of, or petition regarding, the criminal conviction underlying any recommendation of and/or actual imposition of discipline by the State Bar Court or the California Supreme Court.
STIPULATION AS TO FACTS AND CONCLUSIONS OF LAW.
Respondent admits that the following facts are true and that he is culpable of violations of the specified statutes and/or Rules of Professional Conduct, or has otherwise committed acts of misconduct warranting discipline, as follows:
FACTS
1. On October 29, 2004, Respondent was arrested for drunk driving, resulting in a September 29, 2005 conviction for violating Vehicle Code section 23152(b), driving a vehicle with a blood/alcohol content (BAC) of .08 or greater.
2. On May 2, 2010, on the Pacific Coast Highway in the area of Dana Point,
California, Respondent was the driver of a vehicle traveling northbound. An Orange County Sheriff Officer traveling southbound observed the headlights on Respondent’s vehicle to be on high beam. The Officer flashed the high beam of his headlights for on and off to signal Respondent to dim his headlights. The headlights of Respondent’s vehicle remained on high beam. The Officer his flashed his headlights several more times but Respondent did not dim his high beam and passed by the Officer’s vehicle. The Officer made a U-turn, activated his overhead lights, pursued Respondent’s vehicle. Respondent did not respond to the overhead lights. The Officer activated his siren. Respondent continued on before finally turning right onto an intersecting road and stopping just on the other side of a railroad crossing.
3. Upon approaching Respondent, the Officer observed objective signs that
Respondent was intoxicated, including bloodshot/watery eyes, slurred speech, and a strong odor of alcohol coming from his person. Respondent did not have his driver’s license with him and instead gave the Officer information to identify him. The Officer ran a check and discovered Respondent’s 2005 DUI conviction. Based on this information and the Officer’s observations of Respondent, the Officer conducted a DUI investigation.
4. Respondent’s gait was unsteady when he walked. Respondent declined to perform field sobriety tests or to answer questions. Based on the totality of circumstances the Officer took Respondent into custody for DUI. Respondent’s blood alcohol content tested at .16%.
5. On November 4, 2010, the Orange County District Attorney filed a misdemeanor criminal complaint against Respondent charging him, among other things, with separate counts of driving under the influence of intoxicants (Vehicle Code section 23152(a)) and driving with a blood alcohol content of .08% or greater (vehicle Code section 23152(b)), both enhanced by his 2005 DUI as a prior conviction.
6. On May 9, 2011 Respondent entered a guilty plea to driving under the influence of alcohol with a blood alcohol content of. 16% and admitted the prior DUI. The Court accepted the plea and found him guilty and convicted him on that count with the prior enhancement. The other charges were dismissed. Imposition of sentence tbr his DUI conviction was suspended and Respondent was placed on summary probation for 3 years with conditions including but not limited to 60 days in jail; various fees, fines and assessments; participation in treatment or counseling, as directed; enrollment in the court’s 18 month DUI multiple offender program; he not drive without proof of valid liability insurance in his possession; he not drive with any measurable level of alcohol in his system; and obey all laws.
CONCLUSIONS OF LAW
6. The facts and circumstances surrounding Respondent’s misdemeanor violation of Vehicle Code Section 23152(a) (driving under the influence of intoxicants, with a prior) do not involve moral turpitude, but do involve other misconduct warranting discipline pursuant to Business and Professions Code Sections 6101 and 6102.
Case Number(s): 11-C-13342
In the Matter of: George V. Vargas Number 162237
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 V. Vargas
Date: 10/25/11
Respondent’s Counsel: Jeffrey D. Kent
Date: 10/26/11
Deputy Trial Counsel: Charles A. Murray
Date: 10/31/2011
Case Number(s): 11-C-13342
In the Matter of: George V. Vargas
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 REPROVAL IMPOSED.
<<not>> checked. The stipulated facts and disposition are APPROVED AS MODIFIED as set forth below, and the REPROVAL IMPOSED.
<<not>> checked. All court dates in the Hearing Department 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.) Otherwise the stipulation shall be effective 15 days after service of this order.
Failure to comply with any conditions attached to this reproval man constitute cause for a separate proceeding for willful breach of rule 1-110, Rules of Professional Conduct.
Signed by:
Judge of the State Bar Court: Donald F. Miles
Date: 11/3/11
[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 , 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:
JEFFREY D. KENT
MCDONNELL AND KENT
418 EAST LA HABRA BOULEVARD
LA HABRA, CALIFORNIA 90631
checked by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
Michael John Glass , Enforcement, Los Angeles
I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on November 8, 2011.
Signed by:
Cristina Potter
Case Administrator
State Bar Court