An Absence Of Turpitude

The California State Bar Court Review Department has proposed a stayed suspension of one year

 Richard Alan Dongell sideswiped another vehicle while he was driving with a blood alcohol concentration level (BAC) of 0.222 percent—almost three times the legal limit. His two children were passengers, but no one was injured. As a consequence, he was arrested and convicted of misdemeanor violations of driving under the influence (DUI) and child endangerment.

The criminal matter was referred to this court for consideration of whether the convictions involved moral turpitude, and the discipline to be imposed, if any. The hearing judge below found the facts and circumstances surrounding the crime did not involve moral turpitude, but she nevertheless recommended discipline that included a one-year stayed suspension.

 The Office of the Chief Trial Counsel of the State Bar (OCTC) seeks review, asking that we find Dongell’s criminal misconduct involved moral turpitude and requesting a 30-day actual suspension. Dongell requests that we affirm the hearing judge’s decision.

Having independently reviewed the record (Cal. Rules of Court, rule 9.12), we affirm the hearing judge’s determinations that the circumstances surrounding Dongell’s misconduct did not involve moral turpitude and that discipline is warranted.

 The attorney was admitted in 1987 and has no prior discipline. He sideswiped a car while driving his two 13-year old children.

One of the officers questioned Dongell’s children at the scene. They stated that they had eaten lunch at a restaurant with Dongell, who drank wine with his meal. After the meal, they went to a beach where Dongell met a group of women at a beachfront café and shared some wine with them while the children played nearby. When Dongell was about to leave, he became upset upon seeing a parking ticket affixed to his windshield. His children observed his agitation and his inebriated condition and called their mother (Dongell’s soon to be ex-wife), who told them she would pick them up immediately. Not wanting to further upset their father, the children got in his car. The accident occurred while Dongell was driving to the hotel where he was staying.

 No moral turpitude for two misdemeanors (child endangerment and DUI) to which he pled no contest

Here, we do not have repeated alcohol-related misconduct over a number of years, but rather two incidents separated by 20 years. Nor do we have a lack of cooperation or lack of respect for the integrity of the legal system. Dongell did not attempt to exploit his position as an attorney at the time of his arrest and instead he cooperated with the police. Furthermore, after his initial failure to participate in the KCS program, Dongell has remained in full compliance with his probation, voluntarily enrolled in a residential treatment program, and is undergoing long-term therapy with a psychologist.

The attorney presented substantial evidence in mitigation. (Mike Frisch)