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Suspensions/Probation

JOHN HAMILTON KIBBLER [#164834], 60, of Upland was suspended for two years, stayed, and was placed on two years of probation with a nine-month actual suspension. He received credit for nine months of inactive enrollment. The order took effect March 1, 2013.

Kibbler successfully completed the State Bar’s Alternative Discipline System for attorneys with mental health or substance abuse problems. He executed a stipulation in which he admitted misappropriating at least $64,367.46 of his client’s share of the sale of his home. Kibbler represented the husband in a divorce proceeding and was ordered by the court to deposit $227,649.11 from the sale of the divorcing couple’s home into his client trust account. He was to distribute $25,000 each to the husband and wife and put the balance into an interest-bearing account in the names of both parties. He never put the funds into an interest-bearing account. He later repaid the misappropriated funds using a loan from his sister.

Kibbler stipulated that he misappropriated client funds, did not maintain the funds in his client trust account and violated a court order.

In mitigation, Kibbler has no prior record of discipline, no significant harm resulted from his misconduct, he was remorseful and repaid the misappropriated money, and he was going through a contentious divorce at the time. The record contains evidence that Kibbler no longer suffers from the mental health issues that led to his misconduct.

GREGORY MARK WILLIAMS [#219036], 47, of Camarillo was suspended for two years, stayed, placed on three years of probation with an actual two-year suspension and until he proves his rehabilitation, and he was ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. The order took effect March 9, 2013.

Williams stipulated to misconduct in two matters, both involving his failure to comply with the conditions of disciplinary orders. He was privately reproved in February 2011 after a second DUI conviction and, after violating a court order, he was publicly reproved in December 2011.

As part of the first order, he was required among other things to comply with a criminal probation imposed as a result of a misdemeanor conviction for driving under the influence with a prior. He violated a restraining order by coming within 100 yards of a protected person and was arrested and subsequently convicted of violating a court order. In two quarterly probation reports to the bar, he falsely stated that he had complied with the conditions of his criminal probation.

He also falsely stated that he had no disciplinary proceedings pending against him during the preceding calendar year, although he had stipulated to a public reproval.

Williams stipulated that he violated conditions of his reprovals by failing to  scheduling a meeting with his probation deputy on time, submit quarterly probation reports on time, comply with or report compliance with his criminal probation, keep his address current or submit proof that he attended ethics school. He also admitted that he committed acts of moral turpitude by making misrepresentations to the bar’s probation office.

In mitigation, Williams suffered severe financial stress that was directly responsible for his failures to comply with reproval conditions; he was evicted, had no clients and became essentially homeless. While living in a friend’s car, he was beaten up and his cell phone and other belongings were stolen. He cooperated with the bar’s investigation.

. Caution!  More than 200,000 attorneys are eligible to practice law in California. Many attorneys share the same names. All discipline reports are taken from State Bar Court documents and should be read carefully for names, ages, addresses and bar numbers. Read the Discipline Key for an explanation of the different levels of disciplinary action. Use Attorney Search to check an attorney's official bar membership record.