San Francisco
Case Number(s): 11-O-10944
In the Matter of: Michael L. Schulte, Bar # 182284, A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Bruce Horace Robinson
Deputy Trial Counsel
180 Howard Street
San Francisco CA 94105
Phone: (415) 538-2297
Bar # 85447,
Counsel for Respondent: Michael L. Farley, Esq.
Farley Law Firm
108 W. Center Ave.
Visalia CA 93291
Phone: (559) 738-5975
Bar # 76368
Submitted to: Settlement Judge, State Bar Court Clerk’s Office San Francisco.
Filed: March 27, 2012.
<<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 June 7, 1996.
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 10 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.
No later than April 19, 2012, respondent shall pay to the Fresno County Superior Court the $6,000 in sanctions and any accrued interest and/or penalties and provide proof of such payment to the State Bar Office of Probation.
(Effective January 1, 2011)
Reproval
IN THE MATTER OF: Michael L. Schulte, State Bar No. 182284
STATE BAR COURT CASE NUMBER: 11-O-10944
FACTS AND CONCLUSIONS OF LAW
Respondent admits that the following facts are true and that he is culpable of the violations set forth below:
Facts
1. Michael L. Schulte ("respondent”) was admitted to the practice of law in the State of California on June 7, 1996, was a member at all times pertinent to these charges, and is currently a member of the State Bar of California.
2. On June 27, 2008, Dwight Long ("Long") filed a civil action against respondent Dwight Long v. Michael Schulte, Bay Development Group, LLC, CMLS Management, lnc., et al., Fresno County Superior Court case number 08CEC(302193 ("Long v. Schulte") seeking h preliminary injunction against respondent.
3. On October 22, 2010, the court, through Judge Snauffer, issued an Order and Judgment of Contempt After Hearing finding twelve violations of the July 31, 2008, and September 5, 2008 orders, that respondent was guilty of contempt therefore, and sanctioning respondent $6,000.
4. On January 28, 2011, the counsel for Long submitted a complaint against respondent to the State Bar.
5. Respondent never notified the State Bar of the contempt sanctions.
6. To date, respondent has not paid any portion of the $6,000 Sanctions to the Court.
Conclusions of Law
By never reporting to the State Bar the October 22, 2010 Court order, respondent failed to report to the agency charged with attorney discipline, in writing, within 30 days of the time respondent had knowledge of the imposition of judicial sanctions against respondent in violation of Business and Professions Code section 6068(0)(3).
PENDING PROCEEDINGS
The disclosure date referred to, on page 2, paragraph A(7), was March 20, 2012.
COSTS OF DISCIPLINARY PROCEEDINGS
Respondent acknowledges that the Office of the Chief Trial Counsel has informed respondent that as of March 20, 2012 the prosecution costs in this matter are approximately $3,269.00, 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.
AUTHORITIES SUPPORTING DISCIPLINE
The Standards
Under standard 2.6 of the Standards for Attorney Sanctions for Professional Misconduct, violation of Business and Professions Code section 6068 "shall result in disbarment or suspension." However, given respondent’ s lack of prior discipline in the 14 years between his admission and the onset of the misconduct herein (std. 1.2(e)(i)), and respondent’s cooperation with the State Bar by entering into this stipulation (std. 1.2(e)(v), under standard 1.6(b)(ii) the purposes of imposing discipline will be properly fulfilled by a public reproval.
WAIVER OF REFERRAL TO STATE BAR COURT PROGRAM FOR RESPONDENTS
WITH SUBSTANCE ABUSE AND/OR MENTAL HEALTH CONDITIONS
In signing this stipulation, respondent hereby acknowledges that the State Bar Court’s separate program for respondents with substance abuse or mental health conditions has been fully explained to him, that he has had an opportunity to request to be considered for that program, and that he has specifically waived any such consideration.
Case Number(s): 11-O-10944-2
In the Matter of: Michael L. Schulte
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: Michael L. Schulte
Date: 3/20/2012
Respondent’s Counsel: Michael L. Farley
Date: 3/20/2012
Deputy Trial Counsel: Bruce Horace Robinson
Date: 03/21/2012
Case Number(s): 11-O-10944
In the Matter of: Michael L. Schulte
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.
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: Lucy Armendariz
Date: March 26, 2012
[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 March 27, 2012, I deposited a true copy of the following document(s):
STIPULATION RE FACTS, CONCLUSION 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:
RHYS C. BOYD-FARRELL
FARLEY LAW FIRM
108 W CENTER
AVE
VISALIA, CA 93291
checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
BRUCE HORACE ROBINSON, Enforcement, San Francisco
I hereby certify that the foregoing is true and correct. Executed in San Francisco, California, on March 27, 2012.
Signed by:
Lauretta Cramer
Case Administrator
State Bar Court