“I Am An Immigration Attorney, and I Am Sick and Tired Of Bailing These Foreigners Out Of Jail”
More summaries from the most recent online California Bar Journal
FRANK RUSSELL WILSON [#185591], 48, of Roseville, was suspended March 31, 2017, for 90 days and placed on probation for three years. He must complete the State Bar ethics school and pass the Multistate Professional Responsibility Exam. He must abstain from use of alcohol, narcotics and controlled substances and must obey an array of substance abuse conditions.
Wilson stipulated that he was convicted by a Marin County jury of misdemeanors stemming from a day of binge drinking in 2014, during which he confronted two Farsi speaking individuals in a shopping center parking lot and demanded they speak English. He told them he was an immigration attorney who had the right to arrest them and “take [them] away.” He pushed one of the individuals on his chest with both hands. When one called 911, Wilson followed and harassed him and threatened to “beat the fucking shit out of [you].” When arrested by police, Wilson said, “Well, I guess you can’t kick another guy’s ass in Marin County anymore” and “I am an Immigration Attorney, and I am sick and tired of bailing these foreigners out of jail.” At the time, Wilson was on probation for a 2011 DUI conviction.
In aggravation, Wilson had a prior record of discipline, he committed multiple acts of wrongdoing, he caused significant harm to the public and he failed to comply with terms of his criminal DUI probation. As a practicing immigration law attorney, his conduct was egregious. In mitigation, Wilson acknowledged his misconduct.
PETER JOSSERAND XIII [#146182], 62, of Paso Robles, was placed on probation March 31, 2017, for one year with a one year stayed suspension. He must complete the State Bar ethics school and pass the Multistate Professional Responsibility Exam.
In 2016, the State Bar learned of Josserand’s misdemeanor sexual battery conviction and initiated disciplinary proceedings. Josserand stipulated that in 2004 he grabbed the breast of the operations manager of the janitorial service that cleaned his office, resulting in a court finding of his guilt of misdemeanor sexual battery and a requirement that he register as a sex offender. He also acknowledged touching the breast of a second victim, adding that he hoped that by doing so, she would be aroused and want to proceed sexually. That victim declined to testify.
In aggravation, both victims said that Josserand’s misconduct continues to cause them considerable distress. In mitigation, a psychologist reported that Josserand was in a dysfunctional marriage at the time of his misconduct and that he has “effected a satisfactory adjustment.” However, given the intentional nature of the misconduct, that factor was accorded minimal mitigation. Josserand had no prior discipline at the time of his misconduct toward the first victim. He obtained a termination of his sex registration requirement in 2016. He provided 10 reference letters from persons who attested to his honesty, integrity, trustworthiness, judgment, commitment and knowledge. His risk of repeating the behavior was considered to be low.
(Mike Frisch)