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Q: What would happen to a lawyer in California who was arrested for using drugs? ( Answered 5 out of 5 stars,   1 Comment )
Question  
Subject: What would happen to a lawyer in California who was arrested for using drugs?
Category: Miscellaneous
Asked by: adefwebserver-ga
List Price: $5.00
Posted: 18 May 2006 06:46 PDT
Expires: 17 Jun 2006 06:46 PDT
Question ID: 730044
This is research for a book. What would happen to a lawyer in
California who was arrested for using drugs? Could he practice law
again?
Answer  
Subject: Re: What would happen to a lawyer in California who was arrested for using drugs?
Answered By: answerfinder-ga on 18 May 2006 07:30 PDT
Rated:5 out of 5 stars
 
Dear adefwebserver-ga, 

The State Bar of California has information on sanctions for
professional misconduct. Their web site sets out the rules, and
examples of disciplinary actions against attorneys. I have found some
which relate to drugs, but I am sure there are more. The examples
clearly set out the sanctions.

First, these are the possible sanctions for professional miscoinduct:

?1.  Admonition.
 2. Reproval.
 3. Suspension from the practice of law:
         1. stayed suspension: the execution of suspension may be
stayed for a period of from one year to five years only if such stay
and performance of specified rehabilitative or probationary duties by
the member during the period of the stay or probation is deemed
consistent with the purposes of sanctions imposed upon the member as
set forth in standard 1.3;
         2. actual suspension: suspension from the practice of law for
a period of not less than thirty (30) days. Normally, actual
suspensions imposed for a two (2) year or greater period shall require
proof satisfactory to the State Bar Court of the member's
rehabilitation, present fitness to practice and present learning and
ability in the general law before the member shall be relieved of the
actual suspension; or
         3. a stayed suspension which includes an actual suspension as
a condition thereof.
  4. Disbarment.
  5. Any interim remedies or final discipline as authorized by section
6007(h), Business and Professions Code.?
http://calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10154&id=1428#14


?STANDARDS FOR ATTORNEY SANCTIONS FOR PROFESSIONAL MISCONDUCT.
sanction to be imposed following a member's conviction of crime,

3.2 CONVICTION OF A CRIME INVOLVING MORAL TURPITUDE
Final conviction of a member of a crime which involves moral
turpitude, either inherently or in the facts and circumstances
surrounding the crime's commission shall result in disbarment. Only if
the most compelling mitigating circumstances clearly predominate,
shall disbarment not be imposed. In those latter cases, the discipline
shall not be less than a two-year actual suspension, prospective to
any interim suspension imposed, irrespective of mitigating
circumstances.

3.3 CONVICTION OF CERTAIN FELONIES
Final conviction of a felony defined by section 6102(c) shall result
in summary disbarment, irrespective of any mitigating circumstances.

3.4 CONVICTION OF A CRIME NOT INVOLVING MORAL TURPITUDE BUT INVOLVING
OTHER MISCONDUCT WARRANTING DISCIPLINE
Final conviction of a member of a crime which does not involve moral
turpitude inherently or in the facts and circumstances surrounding the
crime's commission but which does involve other misconduct warranting
discipline shall result in a sanction as prescribed under part B of
these standards appropriate to the nature and extent of the misconduct
found to have been committed by the member.

Source
http://calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10154&id=1430
http://calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=12725&id=17405


These are some examples involving drugs.

Dunbar -  two thirds of the way down the page
http://www.calbar.ca.gov/state/calbar/calbar_cbj.jsp?sCategoryPath=/Home/Attorney%20Resources/California%20Bar%20Journal/November2004&MONTH=November&YEAR=2004&sCatHtmlTitle=Discipline&sJournalCategory=YES#s18

Jeffery Hans Leo - again two thirds of the way down the page
http://calbar.ca.gov/calbar/2cbj/97dec/97dec-02.htm

Alan G Karow - half way down the page
http://calbar.ca.gov/calbar/2cbj/97aug/art-d1.htm

Douglas Andrew Palaschak - near the top
http://calbar.ca.gov/calbar/2cbj/96jan/2cbj5.htm

The Bar issues monthly journals which detail Discipline Orders. 
On this page select the month and then on the left hand side select> 
Discipline orders, to see more cases.
http://www.calbar.ca.gov/state/calbar/calbar_cbj.jsp?sCategoryPath=/Home/Attorney%20Resources/California%20Bar%20Journal/November2004&MONTH=November&YEAR=2004&TYPE=JSP&sCatHtmlPath=calbar_cbj_index.jsp&sCatHtmlTitle=Past%20Issues


I hope this answers your question. If it does not, or the answer is
unclear, then please ask for clarification of this research before
rating the answer. I shall respond to the clarification request as
soon as I receive it.
Thank you
answerfinder
adefwebserver-ga rated this answer:5 out of 5 stars and gave an additional tip of: $5.00
Good work, Thank You!

Comments  
Subject: Re: What would happen to a lawyer in California who was arrested for using drugs?
From: answerfinder-ga on 18 May 2006 08:43 PDT
 
Dear adefwebserver-ga,
Thank you for the tip. Pleased I could help.
answerfinder-ga

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