Attorney Discipline

Date: Fri, 25 Jan 2008 14:21:22 -0800
From: "Paul Andrew Mitchell" gmail.com>
Subject: CA State Bar Act imposes DUTY of reporting of any INFORMATION charging a FELONY against the Bar member

Subject:
California State Bar Act imposes a DUTY of reporting of any INFORMATION
charging a FELONY against the Bar member


> http://www.supremelaw.org/ref/cbpc/6068.htm

[begin excerpt]

(o) To report to the agency charged with attorney discipline, in writing,
within 30 days of the time the attorney has knowledge of any of the following: ...

(4) The bringing of an indictment or information charging a felony against the attorney.

[NB: This VERIFIED CRIMINAL COMPLAINT, ON INFORMATION
formally alleges multiple State and Federal felonies by all 200,000+
past and present members of The State Bar of California:
http://www.supremelaw.org/cc/aol2/criminal.complaint.4.htm
e.g. California Penal Code section 182; 18 U.S.C. 1341 and 1962 ]
...
(10) This subdivision is only intended to provide that
the failure to report as required herein may serve as a basis of discipline.

[end excerpt]


p.s. There is much additional (and free) reading
at the links below my name here ...
http://www.supremelaw.org/reading.list.htm

Sincerely yours,
/s/ Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, 18 U.S.C. 1964(a)
http://www.supremelaw.org/decs/agency/private.attorney.general.htm
Criminal Investigator and Federal Witness: 18 U.S.C. 1510, 1512-13
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Our condensed list of IRS outreach resources:
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http://www.supremelaw.org/end.times.irs.forward.htm
http://www.supremelaw.org/letters/irs.perjury.jurats.htm
http://www.supremelaw.org/psta.analysis.htm
http://www.supremelaw.org/lien.or.levy.htm
http://www.supremelaw.org/notice.of.deficiency.htm
http://www.supremelaw.org/end.times.irs.cclists.htm
http://www.supremelaw.org/support.guidelines.htm



---------- Forwarded message ----------
From: Paul Andrew Mitchell <supremelawfirm@gmail.com>
Date: Jan 25, 2008 2:05 PM
Subject: More Re: My Analysis of "9. Summary and Conclusions, Point 1."



> Those "duties" are itemized at CBPC section 6068:

> http://www.supremelaw.org/ref/cbpc/6068.htm


http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=06001-07000&file=6060-6069

6068. It is the duty of an attorney to do all of the following:

(a) To support the Constitution and laws of the United States and of this state.

(b) To maintain the respect due to the courts of justice and judicial officers.

(c) To counsel or maintain those actions, proceedings, or defenses only as appear to him or her legal or just, except the defense of a person charged with a public offense.

(d) To employ, for the purpose of maintaining the causes confided to him or her those means only as are consistent with truth, and never to seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law.

(e) To maintain inviolate the confidence, and at every peril to himself or herself to preserve the secrets, of his or her client.

(f) To advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he or she is charged.

(g) Not to encourage either the commencement or the continuance of an action or proceeding from any corrupt motive of passion or interest.

(h) Never to reject, for any consideration personal to himself or herself, the cause of the defenseless or the oppressed.

(i) To cooperate and participate in any disciplinary investigation or other regulatory or disciplinary proceeding pending against himself or herself. However, this subdivision shall not be construed to deprive an attorney of any privilege guaranteed by the Fifth Amendment to the Constitution of the United States, or any other constitutional or statutory privileges. This subdivision shall not be construed to require an attorney to cooperate with a request that requires him or her to waive any constitutional or statutory privilege or to comply with a request for information or other matters within an unreasonable period of time in light of the time constraints of the attorney's practice. Any exercise by an attorney of any constitutional or statutory privilege shall not be used against the attorney in a regulatory or disciplinary proceeding against him or her.

(j) To comply with the requirements of Section 6002.1.

(k) To comply with all conditions attached to any disciplinary probation, including a probation imposed with the concurrence of the attorney.

(l) To keep all agreements made in lieu of disciplinary prosecution with the agency charged with attorney discipline.

(m) To respond promptly to reasonable status inquiries of clients and to keep clients reasonably informed of significant developments in matters with regard to which the attorney has agreed to provide legal services.

(n) To provide copies to the client of certain documents under time limits and as prescribed in a rule of professional conduct which the board shall adopt.

(o) To report to the agency charged with attorney discipline, in writing, within 30 days of the time the attorney has knowledge of any of the following:

(1) The filing of three or more lawsuits in a 12-month period against the attorney for malpractice or other wrongful conduct committed in a professional capacity.

(2) The entry of judgment against the attorney in any civil action for fraud, misrepresentation, breach of fiduciary duty, or gross negligence committed in a professional capacity.

(3) The imposition of any judicial sanctions against the attorney, except for sanctions for failure to make discovery or monetary sanctions of less than one thousand dollars ($1,000).

(4) The bringing of an indictment or information charging a felony against the attorney.

(5) The conviction of the attorney, including any verdict of guilty, or plea of guilty or no contest, of any felony, or any misdemeanor committed in the course of the practice of law, or in any 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 an attorney, including dishonesty or other moral turpitude, or an attempt or a conspiracy or solicitation of another to commit a felony or any misdemeanor of that type.

(6) The imposition of discipline against the attorney by any professional or occupational disciplinary agency or licensing board, whether in California or elsewhere.

(7) Reversal of judgment in a proceeding based in whole or in part upon misconduct, grossly incompetent representation, or willful misrepresentation by an attorney.

(8) As used in this subdivision, "against the attorney" includes claims and proceedings against any firm of attorneys for the practice of law in which the attorney was a partner at the time of the conduct complained of and any law corporation in which the attorney was a shareholder at the time of the conduct complained of unless the matter has to the attorney's knowledge already been reported by the law firm or corporation.

(9) The State Bar may develop a prescribed form for the making of reports required by this section, usage of which it may require by rule or regulation.

(10) This subdivision is only intended to provide that the failure to report as required herein may serve as a basis of discipline.

[end excerpt]


---------- Forwarded message ----------
From: Paul Andrew Mitchell <supremelawfirm@gmail.com>
Date: Jan 25, 2008 2:00 PM
Subject: My Analysis of "9. Summary and Conclusions, Point 1." (see .jpg file attached)


> 9. Summary and Conclusions
> Based on the foregoing analysis and legally admissible evidence,
> we can safely conclude the following:
> 1. There is no such thing legally defined anywhere in any
> enactment of any government that is specifically called a
> "license to practice law". [emphases added]
[end quote]


OBJECTION: section 6067 in the California Business and
Professions Code mandates very specific requirements
with which a "license" to practice law must comply, to wit:

http://www.supremelaw.org/ref/cbpc/6067.htm

Every person on his admission shall take an oath to support the Constitution of the United States and
the Constitution of the State of California, and faithfully to discharge the duties of any attorney at law
to the best of his knowledge and ability. A certificate of the oath shall be indorsed upon his license.

[end excerpt]


Repeating two detailed analyses that I have already written:

http://www.supremelaw.org/cc/statebar/refuse.aguirre.htm
http://www.supremelaw.org/cc/aol/contest.ehlers.htm


Note well: as a matter of substance (not "form"), the required oath
must bind the Bar member to support two (2) Constitutions.

Those 2 Constitutions are rather significant bodies of fundamental Law!

And, in addition to supporting those 2 Constitutions,
the required oath also binds all Bar members to discharge
all "duties" of an attorney, to the best of their knowledge
and ability.

Those "duties" are itemized at CBPC section 6068:

http://www.supremelaw.org/ref/cbpc/6068.htm

... one of which duties is to support all laws of this
(California) State: section 6067 is one of those laws!

Moreover, a "certificate" has a very specific meaning in law:
it necessitates a "writing" -- NOT a verbal certification.

There is no such thing as a "verbal certificate" in point of fact.

("Oh, Highway Patrol Officer, I don't need a physical driver's license:
I have VERBAL PERMISSION from the DMV to operate this motor vehicle!"
SOUNDS PRETTY STUPID, DOESN'T IT??)

And, "indorse" also has a very specific meaning in law,
as when one "indorses" a standard bank check.

"In dorso" in Latin means "on the back"
as the dorsal fin on a fish is "on the back" of that fish.


Thus, sections 6067 and 6068 together provide more than
enough stated requirements to determine conclusively if a member
of The State Bar of California has a valid "license to practice law"
in the State of California.

Of course, after giving that State Bar plenty of time to answer,
we have now determined that NOT ONE OF THE 200,000+
past and present members of The State Bar of California
has ever complied with sections 6067 and 6068. Hence,
this VERIFIED CRIMINAL COMPLAINT, ON INFORMATION:

http://www.supremelaw.org/cc/aol2/criminal.complaint.4.htm


Conclusion: "Section 1." in "9. Summary and Conclusions"
above (and .jpg attached) is demonstrably incorrect.


p.s. There is much additional (and free) reading
at the links below my name here ...

http://www.supremelaw.org/reading.list.htm

Sincerely yours,
/s/ Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, 18 U.S.C. 1964(a)
http://www.supremelaw.org/decs/agency/private.attorney.general.htm
Criminal Investigator and Federal Witness: 18 U.S.C. 1510, 1512-13
http://www.supremelaw.org/reading.list.htm
http://www.supremelaw.org/index.htm (Home Page)
http://www.supremelaw.org/support.policy.htm (Support Policy)
http://www.supremelaw.org/guidelines.htm (Client Guidelines)
http://www.supremelaw.org/support.guidelines.htm (Policy + Guidelines)

All Rights Reserved without Prejudice

Our condensed list of IRS outreach resources:
http://www.supremelaw.org/sls/nutshell.htm <-- START HERE http://www.supremelaw.org/letters/irs.estopped.htm
http://www.supremelaw.org/end.times.irs.forward.htm
http://www.supremelaw.org/letters/irs.perjury.jurats.htm
http://www.supremelaw.org/psta.analysis.htm
http://www.supremelaw.org/lien.or.levy.htm
http://www.supremelaw.org/notice.of.deficiency.htm
http://www.supremelaw.org/end.times.irs.cclists.htm
http://www.supremelaw.org/support.guidelines.htm

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