Suspension For Lawyering While Stoned

Also from the California Bar Journal

GERARD BRENNAN HARVEY [#152669], 53, of Bishop, was suspended from the practice of law for 90 days and ordered to take the MPRE and comply with Rule 9.20 of the California Rules of Court. He was also placed on two years’ probation and faces a two-year suspension if he does not comply with the terms of his disciplinary probation. The order took effect Nov. 21, 2014.

In April 2013, Harvey pleaded guilty to being under the influence of and in possession of a controlled substance. The charges stemmed from an incident in March 2013, when Harvey was in court waiting for his matter to be called, and a bailiff noticed he appeared to be under the influence of a stimulant. After Harvey told him he was fine, just tired, he was allowed to finish his matter in court. However, the bailiff, afraid he might try to drive, contacted an investigator who gave him a narcotics evaluation and determined he was under the influence. A urine sample came back positive for methamphetamine and marijuana.

Harvey later admitted he lied to the bailiff when he told him he had tested clean for drugs the morning of the incident and also admitted to handling several matters in court while he was high on meth. However, the State Bar Court found that no clients were harmed as a result.

In mitigation, Harvey had no prior record of discipline and was experiencing extreme emotional and physical difficulties, including a history of substance abuse, as well as financial stress at the time of his misconduct.

(Mike Frisch)