- LARRY PAUL JAMES
- ERIC JON PROSSER
- COLBERN COX STUART III
- STEPHEN RANDALL HARRIS
- ROY EARNEST PETERSON
- FREDERICK JOHN STOCKER
- GREGORY MICHAEL CZARKOWSKI
- WILLIAM MAURICE FELDMAN
- KENNETH LEE KIDDY
LARRY
PAUL JAMES [#183769], 46, of Sacramento was disbarred Dec. 6, 2012, and was ordered to comply with rule 9.20 of the
California Rules of Court.
James was
charged in 2011 with failing to comply with rule 9.20 under an earlier
disciplinary order. When he did not appear for trial, his default was entered;
when he did not try to have the default set aside, he was disbarred under rule
5.85 of the State Bar’s Rules of Procedure. James had six other disciplinary
matters pending before the bar court and he has two prior discipline records.
In the
underlying matter, James was placed on probation for three years and suspended
for two years and until he made restitution to two clients and proved his
rehabilitation. The misconduct, in two matters, included failures to perform
legal services competently, return $15,000 in unearned fees or communicate with
his client and he engaged in acts of moral turpitude.
Earlier, he
was placed on two years of probation and given a 90-day stayed suspension for
misconduct in four client matters, including failures to perform services
competently, return $11,100 in unearned fees, cooperate in a bar investigation
and communicate with his client.
As part of
the disbarment, the bar court concluded James did not comply with rule 9.20
because he failed to submit an affidavit stating he notified his clients,
opposing counsel and other interested parties of his suspension.
ERIC JON
PROSSER [#185726], 43, of Vista was disbarred Dec. 6, 2012, and was ordered to comply with rule 9.20 of the
California Rules of Court.
Prosser was
charged in 2011 with six counts of misconduct but did not respond to the
charges and his default was entered. Under rule 5.85 of the State Bar’s Rules
of Procedure, the bar petitioned for Prosser’s disbarment because he did not
try to have the default set aside within 180 days. The charges were deemed
admitted.
The bar court
found that he failed to perform legal services competently by not filing a
proof of service or appearing in court for an order to show cause hearing; he
failed to obey a court order, pay court-ordered sanctions or report the
sanctions to the bar; he failed to protect his clients’ interests in an appeal
after receiving notice of its default; he did not give his client’s file to a new
lawyer; and he did not keep his membership records current with the bar.
Prosser also
was disciplined in 2011 for failing to communicate or inform his clients of
significant developments, cooperate with the bar’s investigation or update his
official membership records address and he improperly withdrew from employment.
His default was entered in that matter as well when he did not respond to the
charges.
COLBERN
COX STUART III [#177897], 44, of Marina del Rey was disbarred Dec. 6, 2012, and was ordered to
comply with rule 9.20 of the California Rules of Court.
Stuart was
convicted criminally of creating and sending approximately 21 emails and/or
telephone calls to his former wife that were threatening, obscene and
calculated to harass. The conviction went to the State Bar Court for a
determination of whether it involved moral turpitude.
Stuart did
not respond to a notice of hearing on conviction (HOC) and his default was
entered. When he made no move to have the default set aside within 180 days,
the bar petitioned for his disbarment under rule 5.85 of its Rules of
Procedure. The bar court also found that the conviction did involve moral
turpitude.
Stuart had no
prior discipline record.
STEPHEN
RANDALL HARRIS [#64176], 64, of Reno, Nev., was disbarred Dec. 19, 2012, and was ordered to
comply with rule 9.20 of the California Rules of Court.
The Nevada
Supreme Court disciplined Harris in 2012 after he misappropriated approximately $788,000 by making numerous
unauthorized withdrawals from his client trust accounts and his law firm’s
general client trust
account. He used the money for personal gain. Harris reported his misconduct to
the Nevada State Bar, repaid all the money to his client trust account and
denied himself access to his firm’s accounts.
He stipulated
that his misconduct in Nevada warranted discipline in California.
In
mitigation, he had no prior discipline record, expressed remorse and took steps
to repay the money, and he was alcohol dependent and suffered resulting
emotional problems. He completed treatment for alcoholism and other mental
disorders.
ROY
EARNEST PETERSON [#153455], 68, of El Monte was disbarred Dec. 19, 2012, and was ordered to
comply with rule 9.20 of the California Rules of Court.
Peterson
failed to comply with a 2011 disciplinary order by not filing with the State
Bar Court an affidavit stating that he notified his clients, opposing counsel
and other interested parties of his suspension. Failure to comply with rule
9.20 is grounds for disbarment. He also did not comply with other probation
conditions, committed acts of moral turpitude and failed to avoid harm to his
client’s interests.
Peterson
stipulated that he also violated the terms of a 2010 disciplinary probation by
filing six quarterly probation reports late and not filing two others, and by
failing to provide proof of attendance at ethics school.
Peterson also
was disciplined in 2000 and 2004 for misconduct that included failures to
perform legal services competently, account for client funds, release a client file
and communicate with clients.
FREDERICK
JOHN STOCKER [#106382], 56, of San Diego was disbarred Dec. 19, 2012, and was ordered to comply with rule 9.20 of the
California Rules of Court.
Stocker was
convicted of misdemeanor child pornography after his law firm discovered he had
downloaded a large number of pornographic images to his work computer. He was
fired and charged with 55 counts of possessing child pornography. Stocker
pleaded guilty to one count of downloading images to his computer; he did not
purchase, post or exchange any images or have contact with children in person,
online or in chat rooms. He was placed on probation and registered as a sex
offender. After finding Stocker complied with his probation conditions, the
court reduced his probation from formal to summary and the conviction was
expunged in 2011.
In
mitigation, Stocker took steps that recognized his wrongdoing, including
completing a program for sexually
compulsive behavior and enrolling in the Lawyer Assistance Program, he submitted
evidence of his good character, provided pro bono services, cooperated with the
bar’s investigation and had no prior discipline record.
GREGORY
MICHAEL CZARKOWSKI [#213070], 39, of Santa Clara was disbarred Dec. 19, 2012, and was ordered to
comply with rule 9.20 of the California Rules of Court.
Czarkowski
did not participate in disciplinary proceedings after he was charged with six
counts of misconduct so his default was entered. When he did not move within
180 days to have the default vacated, the State Bar petitioned for his
disbarment under rule 5.85 of its Rules of Procedure. The charges were deemed
admitted.
Czarkowski
failed to perform legal services competently by not appearing in two traffic
cases, he improperly withdrew from employment, failed to communicate with his
client or return $1,451 in unearned fees, he did not cooperate with the bar’s
investigation and he committed acts of moral turpitude by making
misrepresentations to his client.
WILLIAM
MAURICE FELDMAN [#89222], 65, of Los Angeles was disbarred Dec. 19, 2012, and was ordered to
comply with rule 9.20 of the California Rules of Court.
Feldman
did not participate in disciplinary proceedings after he was charged with five
counts of misconduct so his default was entered. When he did not move within
180 days to have the default vacated, the State Bar petitioned for his
disbarment under rule 5.85 of its Rules of Procedure. The charges were deemed
admitted.
Feldman
failed to perform legal services competently by not supervising his employee in
handling his clients’ personal injury matter and by failing to file a complaint
on their behalf before the statute of limitations expired. He failed to
maintain client funds in trust by not depositing in his trust account a check
for $1,230 he received for the clients. Feldman did not respond to his clients’
status inquiries or cooperate with the bar’s investigation, and he committed
acts of moral turpitude by mishandling a settlement check — he deposited it in
his employee’s bank account instead of his trust account.
Feldman
was ordered to make restitution totaling $1,230.38 plus 10 percent interest to
the clients.
KENNETH
LEE KIDDY [#85060], 63, of Stockton was
disbarred Dec. 19, 2012, and was ordered to comply with rule 9.20 of the
California Rules of Court.
Kiddy did
not participate in disciplinary proceedings after he was charged with two
counts of misconduct so his default was entered. When he did not move within
180 days to have the default vacated, the State Bar petitioned for his
disbarment under rule 5.85 of its Rules of Procedure. The charges were deemed
admitted.
He improperly
withdrew from a case and he did not cooperate with the bar’s investigation.
Kiddy has
been disciplined three times previously, beginning with probation and a stayed
suspension in 2010 after he stipulated to failures to perform competently,
return unearned fees or inform his client about the status of the case. The
following year, he stipulated that he failed to perform competently, return
unearned fees or keep clients informed about the status of their cases, and he
improperly withdrew from employment, disobeyed a court order and knowingly made
a false statement.
His probation
was revoked later in 2011 for failing to comply with probation requirements.
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