Sex, Crimes And Misdemeanors, California-Style
The California Bar Journal’s April 2017 disciplinary summaries include a number of matters of possible interest
WALTER RYAN HAYBERT [#257224], 41, of Los Angeles, was disbarred Feb. 4, 2017 and ordered to comply with rule 9.20 of the California Rules of Court.
Haybert has been ineligible to practice law since February 2016 after a misdemeanor conviction for violating a protective order. Despite a restraining order requiring him to stay at least 100 feet away from his ex-wife, he entered her home. When she asked him to leave, he refused. Officers later found him on a hill about 80 feet away from the house. He admitted he had been drinking and said he thought the restraining order applied to another address.
Haybert failed to respond to a notice of hearing on conviction and his default was entered. He did not seek to have the default set aside within 90 days as required under the State Bar’s Rules of Procedure so the State Bar moved to disbar him.
EMORY LUTHER KING, JR. [#71491], 71, of Carmichael, was suspended from the practice of law for six months 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 fails to comply with the terms of his disciplinary probation. The order took effect Feb. 4, 2017.
While serving as a member of the indigent defense panel in Sacramento County, King convinced a client to come to his house where he solicited her for sex and conditioned his further representation of her on her having sex with him. The 22-year-old client, a single mother charged with three felonies, did not give into his demands and left. The woman reported his conduct to the indigent defense panel and King resigned.
King called the client to his house under the false pretense of discussing her case, abused his power and significantly harmed his client, who was vulnerable and had never been in the justice system. However, a number of factors spared him from disbarment. There was no sexual relationship. Also, King had no prior record of discipline in 30 years of practice, provided character references and demonstrated remorse by resigning from his panel role after being confronted with the allegations.
SCOTT BUNKER HAYWARD [#138582], 57, of Santa Ana, was placed on five years’ probation and faces a two-year suspension if he fails to comply with the terms of his disciplinary probation. The order took effect Feb. 19, 2017.
Bunker’s suspension resulted from his conviction for assault with force likely to cause great bodily injury and false imprisonment, both misdemeanors.
Bunker, who was diagnosed with bipolar disorder, started having problems in 2013 after he asked his physician to wean him off his psychiatric medications. Months later, his mental state began to deteriorate and his wife left him. In December 2013, he offered to let a woman he met at a train station stay in the guest room at his house.
The second night of her stay, Bunker was out with the house guest and began driving recklessly. When the woman got upset about how he was driving and asked to be taken back to his house to collect her belongings, he refused, at one point slamming her head into the passenger side window. They eventually arrived back at his house and the woman ran into the guest room and locked the door, which Bunker soon kicked open. He then struck her in the head with a coffee cup, threw a shoe and a pair of binoculars at her and pinned her down on the bed. When he left, the woman dialed 911 and he was arrested.
Bunker ultimately received psychiatric treatment and began taking medications again that ended his manic state. Bunker”s bipolar symptoms have been in control since leaving the hospital, he now participates in a support group and, as of the date of the judge”s discipline recommendation, had not exhibited similar behavior in two years.
Hayward had one prior record of discipline.
CARMEN LYNNE FISCHER [#117363], 61, of Chandler, Ariz. was placed on interim suspension Feb. 21, 2017 following her conviction in Arizona for attempted money laundering and assisting a criminal street gang, felonies that involve moral turpitude.
Fischer pleaded guilty to the charges. Between December 2007 and July 2013 she assisted a gang member, Angel Garcia, aka Chipas, by passing along information, money and other items of value to inmates in state and federal prison, according to the Pinal County Attorney. She received a three-year prison term and will face four years of probation after her release.
Because there was no notice of appeal, the State Bar has filed a motion for summary disbarment.
The Phoenix New Times reported on the Fischer case. The Arizona New Republic had the story of the conviction with link to a video. (Mike Frisch)