A computer-related offense involved moral turpitude and merits a six-month suspension, according to a decision of the California State Bar Court Review Department.

Respondent had been retained to work on a company’s information systems and had not been paid for his time

Jimenez billed Allied for the work he performed on an hourly basis and submitted monthly invoices to the company. In 2008, Allied had not paid Jimenez for two months of consulting services and owed him at least $1,500. Jimenez submitted multiple requests for payment, but the invoices remained unpaid. Between August 26 and August 27, 2008, Jimenez remotely accessed Allied’s computer network and changed the password without permission. He also moved accounting files so that the owners would be unable to locate them. On August 27, Jimenez received a call from Allied’s Chief Executive Officer, Joseph Casey, who was very upset about not being able to access the system. When Casey asked Jimenez to change the password back or provide the new password, Jimenez refused.

The Respondent pled to a misdemeanor involving disruption of computer services 

Jimenez was entrusted with a confidential network password and access to the network system while working for Allied. Because of his access to Allied’s network, there can be no question that Jimenez assumed a fiduciary role in this situation based on his job responsibilities as Allied’s network consultant. “‘An attorney who accepts the responsibility of a fiduciary nature is held to the high standards of the legal profession whether or not he acts in his capacity of an attorney.’” (In the Matter of McCarthy (Review Dept. 2002) 4 Cal. State Bar Ct. Rptr. 364, 373, quoting Worth v. State Bar (1976) 17 Cal.3d 337, 341).) Jimenez breached his duty when he knowingly and without permission used his position of trust to restrict authorized users’ access to the computer system.

An instance of prior misconduct was an aggravating factor; there was also significant mitigation. (Mike Frisch)