Mule Kicker Blues

The California Hearing Department views a “mule-kick” of a police officer as worthy of public reproval.

The stipulated facts

On February 9, 2016 at approximately 3:10 p.m., Los Angeles Police Department Officers were dispatched to respondent’s home in response to a 911 call placed by respondent’s friend. The 911 caller reported that respondent wanted to commit suicide, and had taken prescription drugs with alcohol. The 911 caller further reported that respondent was distraught after becoming deep in debt. Officers were unable to gain access to respondent’s home due to a security gate. While outside of respondent’s property, officers observed respondent driving away in her vehicle. Respondent ignored officers’ request to get out of her vehicle and fled. A pursuit ensued for less than two miles during which time officers activated their vehicle’s overhead emergency lights and siren. During the pursuit, respondent did not commit any traffic violations. There is no evidence that respondent’s conduct placed the public at risk.

When respondent came to a stop, officers approached her vehicle. Officers turned off respondent’s engine, placed her vehicle in park and engaged the emergency brake. Respondent used both hands to hold onto the steering wheel, and refused officers’ orders to exit the vehicle. Officers pulled respondent’s hands from the steering wheel and placed her in handcuffs. While officers were conducting a pat-down search, respondent mule-kicked one officer on his shin. The officer did not sustain an injury.

The attorney pled no contest to a misdemeanor and served 45 days in jail.

The hearing department saw little real harm

Even respondent’s conduct of mule-kicking a police officer, did not result in any physical injury to the officer. Thus, a level of discipline with a shorter probation period than that imposed in Kelley is appropriate. Therefore, public reproval and one year of probation with mental health conditions is sufficient to achieve the purposes of discipline: to protect the public, the courts and the legal profession; to maintain high professional standards by attorneys; and to preserve public confidence in the legal profession.

The Wiktionary has a definition (with illustration) of the mule-kick. (Mike Frisch)