E-Mails And Images On Work Computer Get Lawyers Disbarred

A connection to computers was a common theme in two disbarment cases reported in the February 2013 California Bar Journal.

The first:

[An attorney] was disbarred Dec. 6, 2012, and was ordered tocomply with rule 9.20 of the California Rules of Court.

[He] wasconvicted criminally of creating and sending approximately 21 emails and/ortelephone calls to his former wife that were threatening, obscene andcalculated to harass. The conviction went to the State Bar Court for adetermination of whether it involved moral turpitude.

[The attorney] didnot respond to a notice of hearing on conviction (HOC) and his default wasentered. When he made no move to have the default set aside within 180 days,the bar petitioned for his disbarment under rule 5.85 of its Rules ofProcedure. The bar court also found that the conviction did involve moralturpitude.

[He] had noprior discipline record.

And:

[An attorney] was disbarred Dec. 19, 2012, and was ordered to comply with rule 9.20 of theCalifornia Rules of Court.

[He] wasconvicted of misdemeanor child pornography after his law firm discovered he haddownloaded a large number of pornographic images to his work computer. He wasfired and charged with 55 counts of possessing child pornography. [He]pleaded guilty to one count of downloading images to his computer; he did notpurchase, post or exchange any images or have contact with children in person,online or in chat rooms. He was placed on probation and registered as a sexoffender. After finding Stocker complied with his probation conditions, thecourt reduced his probation from formal to summary and the conviction wasexpunged in 2011.

Inmitigation, [he] took steps that recognized his wrongdoing, includingcompleting a program for  sexuallycompulsive behavior and enrolling in the Lawyer Assistance Program, he submittedevidence of his good character, provided pro bono services, cooperated with thebar’s investigation and had no prior discipline record.

(Mike Frisch)