Attorney Sanctioned For Disclosing Confidential Drug Tests
An attorney who had disclosed the result of confidential drug tests has been suspended for 30 days based on the recommendation by the California State Bar Court.
The wife is a registered nurse. On June 23, 2017, in violation of Family Code section 3041.5, respondent sent a letter to the Board of Registered Nurses and attached a copy of the wife’s June 19, 2017 confidential, court-ordered, drug test results.
On June 26, 2017, respondent filed a declaration with the Sonoma County Superior Court regarding the wife’s drug use and attached a copy of the wife’s June 19,‘ 2017 confidential, court ordered, drug test results. On August 30, 2017, respondent filed a declaration with the court and attached a copy of the wife’s August 22, 2017 confidential, court-ordered, drug test results. On September 6, 2017, respondent filed a declaration with the court and attached a copy of the wife’s August 26, 2017 confidential, court-ordered, drug test results. Respondent did not file the documents under seal and the court did not issue a sealing order.
Since September 26, 2016, the wife had been dating a man who was also involved in a divorce and custody battle with his wife, NG. The wife and NG thereafter became involved in litigation against each other. Beginning in October 2016, respondent began communicating with NG at the behest of respondent’s client.
August 30, 2017, NG emailed respondent and asked if respondent would email her copies of the wife’s drug test results.
On August 30, 2017, in violation of Family Code section 3041.5, respondent emailed NG a file-endorsed copy of her declaration containing the wife’s June 19, 2017 confidential, court ordered, drug test results. On September 6, 2017, in violation of Family Code section 3041.5, respondent emailed NG a file-endorsed copy of her declaration containing the wife’s August 22, 2017 confidential, court-ordered, drug test results. On September 14, 2017, in violation of Family Code section 3041 .5, respondent emailed NG another file-endorsed copy of her declaration containing the wife’s June 19, 2017 confidential, court-ordered, drug test results. Each time respondent released the results to NG, she asked NG not to reveal that respondent was the one who provided them to her.
The wife discovered that her confidential, court-ordered drug, test results had been released to third parties, and, on April 26, 2018, she filed a request for sanctions against respondent and respondent’s client for violating Family Code section 3041.5.
On June 4, 2018, the superior court granted the request for sanctions in the amount of $2,000 against respondent and her client, jointly and severely. The court found that respondent and her client acted in bad faith in disseminating the wife’s confidential, court-ordered, drug test results.
. Respondent reported the sanctions to the State Bar, and she and her client have satisfied the $2,000 sanctions award owed to the wife.
There was a substantial amount of good character evidence presented. (Mike Frisch)