Case Number(s): 02-C-10058
In the Matter of: Ronald Craver Kline Bar # 58903, A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Brandon K. Tady, Deputy Trial Counsel
1149 South Hill Street
Los Angeles, California 90015
Bar #83045
Counsel for Respondent: In Pro Per Respondent
Ronald Craver Kline
16 Rimrock
Irvine, California 92603
Bar # 58903
Submitted to: Settlement Judge
Filed: April 6, 2011, State Bar Court Clerk’s Office Los Angeles
<<not>> checked. PREVIOUS STIPULATION REJECTED
Note: All information required by this form and any additional information which cannot be provided in the space provided, must be set forth in an attachment to this stipulation under specific headings, e.g., "Facts," "Dismissals," "Conclusions of Law," "Supporting Authority," etc.
1. Respondent is a member of the State Bar of California, admitted April 26, 1974.
2. The parties agree to be bound by the factual stipulations contained herein even if conclusions of law or disposition are rejected or changed by the Supreme Court.
3. All investigations or proceedings listed by case number in the caption of this stipulation are entirely resolved by this stipulation and are deemed consolidated. Dismissed charge(s)/count(s) are listed under "Dismissals." The stipulation consists of 9 pages, not including the order.
4. A statement of acts or omissions acknowledged by Respondent as cause or causes for discipline is included under "Facts."
5. Conclusions of law, drawn from and specifically referring to the facts are also included under "Conclusions of Law".
6. The parties must include supporting authority for the recommended level of discipline under the heading "Supporting Authority."
7. No more than 30 days prior to the filing of this stipulation, Respondent has been advised in writing of any pending investigation/proceeding not resolved by this stipulation, except for criminal investigations.
8. Payment of Disciplinary Costs-Respondent acknowledges the provisions of Bus. & Prof. Code §§6086.10 & 6140.7. (Check one option only):
checked. Costs are awarded to the State Bar.
<<not>> checked. Costs are waived in part as set forth in a separate attachment entitled "Partial Waiver of Costs".
<<not>> checked. Costs are entirely waived.
9.
ORDER OF INACTIVE ENROLLMENT:
The parties are aware that if this stipulation is approved, the judge will issue
an order of inactive enrollment under Business and Professions Code section
6007, subdivision (c)(4), and Rules of Procedure of the State Bar, rule
5.111(D)(1).
IN THE MATTER OF: Ronald Craver Kline
CASE NUMBER(S): 02-C-10058-RAP
FACTS AND CONCLUSIONS OF LAW.
Respondent admits that the following facts are true and that he is culpable of violations of the specified statutes and/or Rules of Professional Conduct.
Case No. 02-C- 10058-RAP (Conviction Proceedings)
PROCEDURAL BACKGROUND IN CONVICTION PROCEEDING:
1. This is a proceeding pursuant to sections 6101 and 6102 of the Business and Professions Code and rule 9.10 of the California Rules of Court.
2. On December 12, 2005, Respondent was convicted of four counts of violating Title 18 United States Code, section 2252 A (a) (5) (B) (Possession of Child Pornography).
3. On August 15, 2007, the Review Department of the State Bar Court issued an order referring the matter to the Hearing Department on the following issues: the discipline to be imposed in the event the Hearing Department finds that the facts and circumstances surrounding the violation of title 18 United States Code, section 2252 A (a) (5) (B), of which Respondent Ronald Craver Kline was convicted, involved moral turpitude or other misconduct warranting discipline.
FACTS:
4. On November 5, 2001, at his residence in Irvine, California, Respondent knowingly possessed a Gateway Computer hard drive, Model Number GP6-400, Serial Number 0010631088, several 3.5" computer diskettes, and a 100MB Zip diskette ("computer equipment and diskettes") that contained multiple images of minor boys engaged in sexually explicit conduct. In excess of 100 visual depictions stored on Respondent’s computer equipment and diskettes are known images of nude, minor boys and these images involved the use of minors engaging in sexually explicit conduct ("child pornography"). 5. Respondent knew the boys depicted in the images were under the age of 18 years and knew that the minor boys were engaged in sexually explicit conduct. 6. Certain images of child pornography possessed by Respondent clearly depict prepubescent boys or boys under the age of 12 years.
7. Respondent possessed 100 or more items, including files stored on electronic media, containing visual depictions involving the sexual exploitation of a minor.
6 Attachment Page 1
8. The images of child pornography on Respondent’s computer equipment and diskettes had been mailed, or shipped, or transported in interstate or foreign commerce by any means, including by computer. Each image of child pornography was (a) copyrighted outside of state or outside this country, and/or (b) produced using computer materials manufactured out of state or outside this country.
AGGRAVATING CIRCUMSTANCES
(4) Harm: Respondent was convicted of violating Title 18, United States Code, section 2252 A (a) (5) (B), possession of child pornography. Respondent’s misconduct harmed the children depicted in the photographs that Respondent possessed. Respondent’s possession of child pornography contributed support to an industry that sexually exploits and degrades children. (7) Multiple/Pattern of Misconduct: Respondent possessed 100 or more items, including files stored on electronic media, containing visual depictions involving the sexual exploitation of minors.
MITIGATING CIRCUMSTANCES
(8) Emotional/Physical Difficulties: As part of his "Position Paper Re Sentencing," Respondent submitted a report from Sheila Balkan, Ph.D. who is a criminologist and court consultant. According to Dr. Balkan, Respondent was suffering for many years from severe emotional difficulties including social isolation and depression.
(11) Good Character: As a part of Respondent’s "Position Paper Re Sentencing" filed in the criminal proceeding for his conviction for possession of child pornography, Respondent attached as exhibits numerous letters from judges, attorneys, and from church members attesting to his good character as an attorney and a judge. Respondent was prepared to call many, if not all, of these good character witnesses at the trial of this matter.
CONCLUSIONS OF LAW:
Respondent does not contest that the facts and circumstances surrounding the offenses leading to his conviction of four counts of violating Title 18, United States Code, section 2252 A (a) (5) (B) involved moral turpitude.
PENDING PROCEEDINGS.
The disclosure date referred to, on page 2, paragraph A (7), was March 8, 2011.
AUTHORITIES SUPPORTING DISCIPLINE.
Standard 3.2 provides that final conviction of a crime involving moral turpitude, either inherently or in the facts and circumstances surrounding the crime’s commission shall result in disbarment. Only if the most compelling mitigating circumstances clearly predominate, shall disbarment not be imposed. In those latter cases, the discipline shall not be less than two years actual suspension, prospective to any interim suspension imposed, irrespective of mitigating circumstances.
In the present proceeding, Respondent does not contest that the facts and circumstances surrounding the commission of Respondent’s criminal conviction involve moral turpitude because he possessed in excess of 100 visual depictions of known images of nude, minor boys and these images involved the useof minors engaging in sexually explicit conduct ("child pornography"). Respondent knew the boys depicted in the images were under the age of 18 years and knew that the minor boys were engaged in sexually explicit conduct. Further, certain images of child pornography possessed by Respondent clearly depict prepubescent boys or boys under the age of 12 years.
COSTS OF DISCIPLINARY PROCEEDINGS.
Respondent acknowledges that the Office of the Chief Trial Counsel has informed respondent that as of March 11, 2011, the prosecution costs in this matter are $1724.34. Respondent further acknowledges that should this stipulation be rejected or should relief from the stipulation be granted, the costs in this matter may increase due to the cost of further proceedings.
Case Number(s): 02-C-10058
In the Matter of: Ronald Craver Kline
By their signatures below, the parties and their counsel, as applicable, signify their agreement with each of the recitation and each of the terms and conditions of this Stipulation Re Facts, Conclusions of Law and Disposition.
Signed by:
Respondent: Ronald Craver Kline
Date: March 24, 2011
Respondent’s Counsel: Ronald Craver Kline
Date: March 24, 2011
Deputy Trial Counsel: Brandon K. Tady
Date: March 28, 2011
Case Number(s): 02-C-10058
In the Matter of: Ronald Craver Kline
Finding the stipulation to be fair to the parties and that it adequately protects the public, IT IS ORDERED that the requested dismissal of counts/charges, if any is GRANTED without prejudice, and:
checked. The stipulated facts and disposition are APPROVED and the DISCIPLINE RECOMMENDED to the Supreme Court.
<<not>>checked. The stipulated facts and disposition are APPROVED AS MODIFIED as set forth below, and the DISCIPLINE IS RECOMMENDED to the Supreme Court.
checked. All Hearing dates are vacated.
The parties are bound by the stipulation as approved unless: 1) a motion to withdraw or modify the stipulation, filed within 15 days after service of this order, is granted; or 2) this court modifies or further modifies the approved stipulation. (See rule 5.58 (E) & (F), Rules of Procedure.) The effective date of this disposition is the effective date of the Supreme Court order herein, normally 30 days after the file date. (See rule 9.18(a), California Rules of Court.)
Respondent is ordered transferred to involuntary inactive status pursuant to Business and Professions Code section 6007, subdivision (c)(4). Respondent’s inactive enrollment will be effective three (3) calendar days after this order is served by mail and will terminate upon the effective date of the Supreme Court’s order imposing discipline herein, or as provided for by rule 5.111(D)(2) or the Rules of Procedure of the State Bar of California, or as otherwise ordered by the Supreme Court pursuant to its plenary jurisdiction.
Signed by:
Richard A. Honn
Judge of the State Bar Court
Date: April 5, 2011
[Rules Proc. of State Bar; Rule 5.27(B); Code Civ. Proc., § 1013a(4)]
I am a Case Administrator of the State Bar Court of California. I am over the age of eighteen and not a party to the within proceeding. Pursuant to standard court practice, in the City and County of Los Angeles, on April 6, 2011, I deposited a true copy of the following document(s):
STIPULATION RE FACTS, CONCLUSIONS OF LAW AND
DISPOSITION AND ORDER APPROVING
in a sealed envelope for collection and mailing on that date as follows:
checked. by first-class mail, with postage thereon fully prepaid, through the United States Postal Service at Los Angeles, California, addressed as follows:
RONALD CRAVER KLINE
16 RIMROCK
IRVINE CA 92603
checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
BRANDON TADY, Enforcement, Los Angeles
I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on April 5, 2011.
Signed by:
Angela Carpenter
Case Administrator
State Bar Court