Bully Pulpit Torn Down

The California State Bar Court Review Department has recommended disbarment of a lawyer found culpable of maintaining vexatious litigation

 This matter concerns Charles Gadsden Kinney’s actions as a plaintiff and attorney in a series of lawsuits in Los Angeles and as an attorney in several lawsuits in El Dorado County. Described as a “relentless bully” by one superior court judge, Kinney was declared a vexatious litigant in 2008 by the Los Angeles County Superior Court. In a scathing, published opinion in 2011, the Court of Appeal, Second Appellate District, also declared him a vexatious litigant, warning “Kinney’s conduct must be stopped, immediately.” (In re Kinney (2011) 201 Cal.App.4th 951, 960.) The Court of Appeal, Third Appellate District, described the El Dorado County lawsuits as baseless, deemed Kinney’s appeals frivolous, and awarded sanctions jointly and severally against Kinney and his client.

The trial judge’s proposed three-year suspension was deemed insufficient

 we find that Kinney’s previously unblemished career simply does not mitigate his egregious, harmful misconduct, particularly since, by every indication, he appears likely to continue such misconduct in the future. We recommend Kinney’s disbarment as the only discipline adequate to protect the public, the courts, and the legal profession…

Kinney used his legal knowledge to repeatedly abuse the court system through his relentless lawsuits. His misconduct goes beyond vexatious litigation as it involves significant aggravation, including a lengthy pattern of wrongdoing, significant harm to others, disregard for the court process, and a total lack of insight into his harmful behavior. At the same time, Kinney has failed to establish any mitigation. Given these circumstances, we conclude that he should be disbarred.

 In sum

Seven years after Judge Grimes identified Kinney as a “relentless bully,” six years after he was first declared a vexatious litigant, and almost four years after a Court of Appeal warned in a published opinion that Kinney “must be stopped immediately,” he continues to clog the court system with his meritless claims and motions. We find that Kinney is unfit to practice, and we recommend his disbarment. Requiring Kinney to undergo a full reinstatement proceeding after he is disbarred is the only measure that can adequately protect the public, the courts, and the legal profession.

(Mike Frisch)