Greg Hill & Associates Home
Award Recipient
Top 100 Trial Attorneys in the United States
Contact Us for a Free Consultation
Self-Reporting Duties for an Attorney Charged with DUI
In writing this article, we want to help an attorney feel calmer about whether he or she faces a loss of his or her license to practice law if arrested or charged with DUI, so we offer this information that we most commonly give: if an attorney is arrested for DUI or is convicted of misdemeanor DUI, there is no obligation to report this to the State Bar.
Other counts, however, such as leaving the scene of an accident or driving on a suspended license may be viewed as crimes of moral turpitude. See Marmolejo-Campos v. Gonzales (9th Cir. 2007) (en banc) 558 F. 3d 903 (misdemeanor DUI, while driving on a suspended license is deemed a crime of moral turpitude); Morales Garcia v. Holder (9th Cir. 2009) 567 F. 3d 1058 (a violation of Penal Code § 273.5 is not categorically a crime of moral turpitude).
However, a finding of no moral turpitude does not always end the inquiry. To understand this, one must first and foremost know that under California Business & Professions Code § 6068, it is the duty of attorneys licensed to practice law in California to report to the California State Bar, in writing, within 30 days of the time the attorney has knowledge of any of the following:
- The bringing of an indictment or information charging a felony against the attorney; or
- The conviction of the attorney, including any verdict of guilty, or plea of guilty or no contest, of a felony or a misdemeanor committed in the course of the practice of law, or in a manner in which a client of the attorney was the victim, or a necessary element of which, as determined by the statutory or common law definition of the misdemeanor involves improper conduct of the attorney, including dishonesty or other moral turpitude, or an attempt or a conspiracy or solicitation of another to commit a felony or a misdemeanor of that type.
It is worth understanding that failure to submit the report is independent grounds for discipline. Business & Professions Code § 6068(o)(10).
In addition, an attorney must understand that discipline from the State Bar may imposed under the “other misconduct warranting discipline” standard for criminal conduct not involving moral turpitude under Business & Professions Code § 6100.
Thus, the necessary “nexus” to the practice of law was established, for example, when an attorney who was on probation for a DUI reoffended during the term of probation. The court found that the attorney “demonstrated a complete disregard for the conditions of probation, the law and the safety of the public.” See In re Kelley (1990) 52 Cal. 3d 487. The court also noted that the repeated criminal conduct were indications that alcohol abuse was adversely affecting the lawyer’s personal life and that the State Bar need not wait until the lawyer’s alcohol abuse actually affects the attorney’s clients. Id. at 495 (public reproval with probation condition that lawyer be screened by State Bar Alcohol Abuse Program; condition requiring abstinence from alcohol stricken).
If one is an attorney representing an attorney, one should be discreet and cautious in revealing the client’s status as an attorney because prosecutors and court clerks are supposed to report convictions suffered by attorneys if they are aware of the defendant’s professional license.
This is because California Business & Professions Code § 6061(b) states: “The district attorney, city attorney, or other prosecuting agency shall notify the Office of the State Bar of California of the pendency of an action against an attorney charging a felony or misdemeanor immediately upon obtaining information that the defendant is an attorney. The notice shall identify the attorney and describe the crimes charged and the alleged facts. The prosecuting agency shall also notify the clerk of the court in which the action is pending that the defendant is an attorney, and the clerk shall record prominently in the file that the defendant is an attorney.”
The clerk has obligations that are also set by Business & Professions Code § 6061(c), which states, “The clerk of the court in which an attorney is convicted of a crime shall, within 48 hours after the conviction, transmit a certified copy of the record of conviction to the Office of the State Bar.” Business & Professions Code § 6061(c).
Then the State Bar has certain statutory obligations: “Within five days of receipt, the Office of the State Bar shall transmit the record of any conviction which involves or may involve moral turpitude to the Supreme Court with such other records and information as may be appropriate to establish the Supreme Court’s jurisdiction.” Business & Professions Code § 6061(c).
For more information about professional licensing issues with arrests and convictions, please click on the following articles:
