California imposed discipline of a stayed two-year suspension on an attorney who practices in Utah for a series of domestic incidents that led to criminal convictions.
Emails to his ex-wife are recounted in the stipulation approved
Respondent lives in Utah where he is admitted to practice law. The underlying criminal conduct occurred in Utah.
In 2008 respondent separated from his wife, Ms. E, pending their divorce. Between June 24 and August 6, 2008 respondent sent Ms. E over thirty text messages and several voicemail messages that were vulgar, harassing and threatening, despite Ms. E’s requests that respondent stop his conduct. The text messages from these various dates included the following statements by respondent to Ms. E:
“Due [sic] you bitch. I ment [sic] die you bitch.”
“Have you been served for fraud yet? What else would you call using my Am. Ex. Card with out [sic] my authorization, you user Slut. One day you will be very sorry. You do it again will sue you and spick … One day you will be very sorry as will that spick.”
“You stupid bitch I am going to hammer you until you beg for mercy … I hate you so much that I pray each night that you and spick and dumb bitch sister, shitfon [sic], your stupid shit attorney, Paula, Pam and the rest of your coconspiratos [sic] are brought before the court. Change your number. Get a new email address but you and spick can’t hide. Dumb bitch. It is cuming [sic].”
“Please die”
“May you die soon you stupidest of all sluts.”
“Please die you old cunt.”
“Hope you die a horrible death, soon.”
“You are iike [sic] that bitch dog thft [sic] doesn’t die. Please do so soon.”
“You stupid bitch. I will love the day you are dead. Please hurry it up.”
…respondent was eventually convicted of a misdemeanor violation of Utah Code Annotated 76-5-106.5 (attempted stalking – domestic violence) on May 7, 2010.
On August 8, 2011, respondent and his live-in girlfriend were both arrested for domestic assault at their shared home after getting into a physical altercation with each other. On August 31, 2011 the Sandy City Attorney’s Office filed charges against respondent for one count of domestic assault in violation of Sandy City Ordinance 7-5-1(a)(1), a misdemeanor (Sandy Justice Court, Salt Lake County, Utah, case no. 111001376).
On May 8, 2012, respondent pled no contest to a lesser charge of disorderly conduct. The court held respondent’s plea in abeyance and ordered him to a twelve-month term of probation, which was successfully completed.
In Utah
After conducting a heating on the level of discipline, the Utah District Court issued an Order on Sanctions on January 30, 2015, imposing a two year stayed suspension with two years of probation and requiring respondent to complete additional Continuing Legal Education courses in ethics, and take and pass the Multistate Professional Responsibility Examination by the end of 2015.
And now California
Respondent’s misconduct in sending harassing and threatening text and voicemail messages to his exwife is similar to the misconduct in Elkins, but respondent’s misconduct is worse since it was found to be a criminal misconduct. The weight of the aggravating factors is similar to Elkins, given the presence of multiple acts of misconduct and the harm caused by the misconduct. Respondent’s mitigation for having no prior record of discipline is nearly identical to Elkins, but respondent is also entitled to mitgative credit for his character evidence and for entering into a pretrial stipulation.
(Mike Frisch)