State Bar Court of California

Hearing Department

STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION AND ORDER APPROVING

REPROVAL

Case Number(s): 06-C-15271-LMA, 07-C-13429-LMA

In the Matter of: James Allen Reichle, Bar # 45807, A Member of the State Bar of California, (Respondent).

Counsel For The State Bar: Mark Hartman, Bar # 114915,

Counsel for Respondent: In Pro Per, Bar #

Submitted to: Assigned Judge Ė State Bar Court Clerkís Office San Francisco.

Filed: March 6, 2008.

† <<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.

A. Parties' Acknowledgments:

1.    Respondent is a member of the State Bar of California, admitted January 15, 1970.

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 ßß6086.10 & 6140.7. (Check one option only):

<<not>> checked. Costs are added to membership fee for calendar year following effective date of discipline (public reproval).

<<not>> checked. Case ineligible for costs (private reproval).

checked. Costs are to be paid in equal amounts prior to February 1 for the following membership years: the five years following the effective date of the public reproval in the current cases.† (Hardship, special circumstances or other good cause per rule 5.132, Rules of Procedure.)

<<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.    The parties understand that:

<<not>> checked.† (a) A private reproval imposed on a respondent as a result of a stipulation approved by the Court prior to initiation of a State Bar Court proceeding is part of the respondentís official State Bar membership records, but is not disclosed in response to public inquiries and is not reported on the State Barís web page. The record of the proceeding in which such a private reproval was imposed is not available to the public except as part of the record of any subsequent proceeding in which it is introduced as evidence of a prior record of discipline under the Rules of Procedure of the State Bar.

<<not>> checked. (b) A private reproval imposed on a respondent after initiation of a State Bar Court proceeding is part of the respondentís official State Bar Membership records, is disclosed in response to public inquiries and is reported as a record of

checked. (c) A public reproval imposed on a respondent is publicly available as part of the respondentís official State Bar membership records, is disclosed in response to public inquiries and is reported as a record of public discipline on the State Barís web page.

B.†††† Aggravating Circumstances [for definition, see Standards for Attorney Sanctions for Professional Misconduct, standard 1.2(b)]. Facts supporting aggravating circumstances are required.

<<not>> checked. (1) Prior record of discipline [see standard 1.2(f)].

<<not>> checked. (a)††† State Bar Court case # of prior case .
<<not>> checked. (b)††† Date prior discipline effective .
<<not>> checked. (c)††† Rules of Professional Conduct/ State Bar Act violations:
<<not>> checked. (d)††† Degree of prior discipline †
<<not>> checked. (e)††† If Respondent has two or more incidents of prior discipline, use space provided below or a separate attachment entitled ďPrior DisciplineĒ. .

<<not>> checked. (2) Dishonesty:† Respondent's misconduct was surrounded by or followed by bad faith, dishonesty, concealment, overreaching or other violations of the State Bar Act or Rules of Professional Conduct.†

<<not>> checked. (3) Trust Violation:† Trust funds or property were involved and Respondent refused or was unable to account to the client or person who was the object of the misconduct for improper conduct toward said funds or property.

<<not>> checked. (4) Harm:† Respondent's misconduct harmed significantly a client, the public or the administration of justice.

<<not>> checked. (5) Indifference:† Respondent demonstrated indifference toward rectification of or atonement for the consequences of his or her misconduct.

<<not>> checked. (6) Lack of Cooperation:† Respondent displayed a lack of candor and cooperation to victims of his/her misconduct or to the State Bar during disciplinary investigation or proceedings.†

<<not>> checked. (7) Multiple/Pattern of Misconduct:† Respondent's current misconduct evidences multiple acts of wrongdoing or demonstrates a pattern of misconduct.

checked. (8)††††††††††† No aggravating circumstances are involved.
Additional aggravating circumstances: No additional aggravating circumstances apply to the current case.

C. Mitigating Circumstances [see standard 1.2(e)]. Facts supporting mitigating circumstances are required.

checked. (1)††††††††††† No Prior Discipline:† Respondent has no prior record of discipline over many years of practice coupled with present misconduct which is not deemed serious. See page 7.

<<not>> checked. (2) No Harm:† Respondent did not harm the client or person who was the object of the misconduct.†

checked. (3)††††††††††† Candor/Cooperation:† Respondent displayed spontaneous candor and cooperation with the victims of his/her misconduct and to the State Bar during disciplinary investigation and proceedings.†

<<not>> checked. (4) Remorse:† Respondent promptly took objective steps spontaneously demonstrating remorse and recognition of the wrongdoing, which steps were designed to timely atone for any consequences of his/her misconduct.†

<<not>> checked. (5) Restitution:† Respondent paid $ †on †in restitution to †without the threat or force of disciplinary, civil or criminal proceedings.

<<not>> checked. (6) Delay:† These disciplinary proceedings were excessively delayed.† The delay is not attributable to Respondent and the delay prejudiced him/her.

<<not>> checked. (7) Good Faith:† Respondent acted in good faith.

<<not>> checked. (8) Emotional/Physical Difficulties:† At the time of the stipulated act or acts of professional misconduct Respondent suffered extreme emotional difficulties or physical disabilities which expert testimony would establish was directly responsible for the misconduct.† The difficulties or disabilities were not the product of any illegal conduct by the member, such as illegal drug or substance abuse, and Respondent no longer suffers from such difficulties or disabilities.

<<not>> checked. (9) Severe Financial Stress:† At the time of the misconduct, Respondent suffered from severe financial stress which resulted from circumstances not reasonably foreseeable or which were beyond his/her control and which were directly responsible for the misconduct.

<<not>> checked. (10) Family Problems:† At the time of the misconduct, Respondent suffered extreme difficulties in his/her personal life which were other than emotional or physical in nature.

checked. †††††††††††††††† (11) Good Character:† Respondent's good character is attested to by a wide range of references in the legal and general communities who are aware of the full extent of his/her misconduct. See page 7.

<<not>> checked. (12) Rehabilitation:† Considerable time has passed since the acts of professional misconduct occurred followed by convincing proof of subsequent rehabilitation.

<<not>> checked. (13) No mitigating circumstances are involved.
Additional mitigating circumstances:†

D. Discipline:

<<not>> checked. (1)† Private reproval (check applicable conditions, if any, below):

<<not>> checked. (a) Approved by the Court prior to initiation of the State Bar Court proceedings (no public disclosure).
<<not>> checked. (b)Approved by the Court after initiation of the State Bar Court proceedings (public disclosure).

or

checked. (2)††††††††††††††† Public reproval (Check applicable conditions, if any below)

E. Additional Conditions of Reproval:

checked. (1)††††††††††† Respondent must comply with the conditions attached to the reproval for a period of two years.

checked. (2)††††††††††† During the condition period attached to the reproval, Respondent must comply with the provisions of the State Bar Act and Rules of Professional Conduct.

checked. (3)††††††††††† Within ten (10) days of any change, Respondent must report to the Membership Records Office of the State Bar and to the Office of Probation of the State Bar of California ("Office of Probation"), all changes of information, including current office address and telephone number, or other address for State Bar purposes, as prescribed by section 6002.1 of the Business and Professions Code.

checked. (4)††††††††††† Within thirty (30) days from the effective date of discipline, Respondent must contact the Office of Probation and schedule a meeting with Respondent's assigned probation deputy to discuss these terms and conditions of probation. Upon the direction of the Office of Probation, Respondent must meet with the probation deputy either in-person or by telephone. During the period of probation, Respondent must promptly meet with the probation deputy as directed and upon request.

checked. (5)††††††††††† Respondent must submit written quarterly reports to the Office of Probation on each January 10, April 10, July 10, and October 10 of the period of probation. Under penalty of perjury, Respondent must state whether Respondent has complied with the State Bar Act, the Rules of Professional Conduct, and all conditions of probation during the preceding calendar quarter. Respondent must also state whether there are any proceedings pending against him or her in the State Bar Court and if so, the case number and current status of that proceeding. If the first report would cover less than 30 days, that report must be submitted on the next quarter date, and cover the extended period.
In addition to all quarterly reports, a final report, containing the same information, is due no earlier than twenty (20) days before the last day of the period of probation and no later than the last day of the condition period.

<<not>> checked. (6) Respondent must be assigned a probation monitor. Respondent must promptly review the terms and conditions of probation with the probation monitor to establish a manner and schedule of compliance. During the period of probation, Respondent must furnish such reports as may be requested, in addition to the quarterly reports required to be submitted to the Office of Probation. Respondent must cooperate fully with the monitor.

checked. (7)††††††††††† Subject to assertion of applicable privileges, Respondent must answer fully, promptly and truthfully any inquiries of the Office of Probation and any probation monitor assigned under these conditions which are directed to Respondent personally or in writing relating to whether Respondent is complying or has complied with the probation conditions.

checked. (8)††††††††††† Within one (1) year of the effective date of the discipline herein, Respondent must provide to the Office of Probation satisfactory proof of attendance at a session of the State Bar Ethics School, and passage of the test given at the end of that session.

<<not>> checked. No Ethics School recommended.† Reason: .

checked. (9)††††††††††† Respondent must comply with all conditions of probation imposed in the underlying criminal matter and must so declare under penalty of perjury in conjunction with any quarterly report to be filed with the Office of Probation.

<<not>> checked. (10) Respondent must provide proof of passage of the Multistate Professional Responsibility Examination ("MPRE"), administered by the National Conference of Bar Examiners, to the Office of Probation within one year of the effective date of the reproval.†

checked. No MPRE recommended.† Reason: The MPRE requirement does not apply to the current cases.

checked. (11) The following conditions are attached hereto and incorporated:††††††††

checked. Substance Abuse Conditions.

<<not>> checked. Law Office Management Conditions.

<<not>> checked. Medical Conditions.

<<not>> checked. Financial Conditions.

F. Other Conditions Negotiated by the Parties:

No other conditions apply to the current case.

 

Attachment language (if any):.


SUBSTANCE ABUSE CONDITIONS

Case Number(s): 06-C-15271-LMA, 07-C-13429-LMA

In the Matter of: James Allen Reichle, State Bar No.: 45807

 

checked. a. Respondent must abstain from use of any alcoholic beverages, and shall not use or possess any narcotics, dangerous or restricted drugs, controlled substances, marijuana, or associated paraphernalia, except with a valid prescription.

checked. b. Respondent must attend at least 2 meetings per month of:

checked. Alcoholics Anonymous

<<not>> checked. Narcotics Anonymous

<<not>> checked. The Other Bar

checked. Other program See page 8.

As a separate reporting requirement, Respondent must provide to the Office of Probation satisfactory proof of attendance during each month, on or before the tenth (10th) day of the following month, during the condition or probation period.

<<not>> checked. c. Respondent must select a license medical laboratory approved by the Office of Probation. Respondent must furnish to the laboratory blood and/or urine samples as may be required to show that Respondent has abstained from alcohol and/or drugs. The samples must be furnished to the laboratory in such a manner as may be specified by the laboratory to ensure specimen integrity. Respondent must cause the laboratory to provide to the Office of Probation, at the Respondentís expense, a screening report on or before the tenth day of each month of the condition or probation period, containing an analysis of Respondentís blood and/or urine obtained not more than ten (10) days previously.

<<not>> checked. d. Respondent must maintain with the Office of Probation a current address and a current telephone number at which Respondent can be reached. Respondent must return any call from the Office of Probation concerning testing of Respondentís blood or urine within twelve (12) hours. For good cause, the Office of Probation may require Respondent to deliver Respondentís urine and/or blood sample(s) for additional reports to the laboratory described above no later than six hours after actual notice to Respondent that the Office of Probation requires an additional screening report.

<<not>> checked. e. Upon the request of the Office of Probation, Respondent must provide the Office of Probation with medical waivers and access to all of Respondentís medical records. Revocation of any medical waiver is a violation of this condition. Any medical records obtained by the Office of Probation are confidential and no information concerning them or their contents will be given to anyone except members of the Office of Probation, Office of the Chief Trial Counsel, and the State Bar Court who are directly involved with maintaining, enforcing or adjudicating this condition.

Other:


ATTACHMENT TO

STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION

 

IN THE MATTER OF: JAMES ALLEN REICHLE, State Bar No. 45807

STATE BAR COURT CASE NUMBER: 06-C-15271-LMA, 07-C-13249-LMA

 

STIPULATION RE FACTS AND CONCLUSIONS OF LAW

 

FACTS

 

1. On October 19, 2006, respondent was arrested. A test showed that his blood contained 0.10 percent alcohol. "

 

2. On November 21, 2006, respondent pled no contest to a misdemeanor violation of Vehicle Code section 23103.5 (alcohol-related reckless driving) ("first alcohol offense"). He was placed on a three-year probation.

 

3. On August 14, 2007, while on probation for the first alcohol offense, respondent was again arrested. A test showed that his blood contained 0.11 percent alcohol.

 

4. On September 14, 2007, respondent pled no contest to a misdemeanor violation of Vehicle Code section 23152 (driving under the influence with a blood alcohol level of 0.08 percent or more) ("second alcohol offense").

 

5. State Bar case numbers 06-C-15271-LMA and 07-C-13249-LMA ("the current cases") resulted from the first and second alcohol offenses, not from any complaint by a client.

 

CONCLUSION OF LAW

 

1. The facts and circumstances surrounding the first and second alcohol offenses show misconduct warranting .discipline.

 

MITIGATION

 

Respondent practiced law for more than 36 years without discipline before the first alcohol offense, has done significant pro bono work, and cooperated with the State Bar during the current cases.

 

The State Bar received letters attesting to respondentís good character from (1) Plumas County Supervisor Robert A. Meacher, (2) Probation Officer Sharon Reinert, (3) Central Plumas County Recreation and Park District Administrator James Boland, (4) Quincy Fire Chief Robert J. Cassou, (5) Plumas County Supervising Family Court Investigator Adele Myers, (6) Plumas County Family Court Mediator Roger Diefendorf, and (7) attorney Michael Jackson.

 

SUBSTANCE ABUSE CONDITIONS

 

Respondent is currently participating in group counseling sessions at the Plumas County Alcohol and Drug Department as part of the SB 38 Program. Respondent may substitute attendance at these group counseling sessions for attendance at AA meetings. Respondent must attend at least two of these group sessions per month. When respondent stops attending these sessions, he must meet his substance abuse conditions by attending at least two AA meetings per month.

 

ETHICS SCHOOL

 

The Minimum Continuing Legal Education ("MCLE") credit given for participation in Ethics School shall be counted toward the MCLE hours required for attorneys generally.

 

DATE OF DISCLOSURE OF ANY PENDING INVESTIGATION OR PROCEEDING

 

On January 31, 2008, Deputy Trial Counsel Mark Hartman sent a disclosure letter to respondent. In this letter, respondent was advised of any pending investigation or proceeding not resolved by this stipulation.

 

ESTIMATED PROSECUTION COST

 

The estimated prosecution cost of the current cases is $3,872.00. This sum is only an estimate. If this stipulation is rejected or if relief from the this stipulation is granted, the prosecution cost of the current case may increase because of the cost of further proceedings.

 

SUPPORTING AUTHORITY

 

The Rules of Procedure of the State Bar; Title IV, Standards for Attorney Sanctions for Professional Misconduct, standard 1.3 provides: "The primary purposes of disciplinary proceedings.., are the protection of the public, the courts[,] and the legal profession; the maintenance of high professional standards by attorneys[;] and the preservation of public confidence in the legal profession."

 

In re Kelley (1990) 52 Cal.3d 487 ("Kelley") concerned two drunk driving convictions, the second involving a violation of a court order based on the first. Finding that Kelleyís criminal offenses constituted misconduct warranting discipline, the California Supreme Court publicly reproved her and placed her on probation for three years. (Id. at p. 499.)

 

Standard 1.3 and Kelley support the stipulated discipline in the current case: a public reproval with conditions for two years.


SIGNATURE OF THE PARTIES

Case Number(s): 06-C-15271-LMA, 07-C-13429-LMA

In the Matter of: James Allen Reichle, State Bar No.: 45807

 

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: James Allen Reichie

Date: February 5, 2008

 

Respondentís Counsel:

Date:

 

Deputy Trial Counsel: Mark Hartman

Date: February 25, 2008

 

Note: on 2/25/08, respondent explicitly authorized Deputy Trial Counsel Mark Hartman to change the date of respondentís signature from 4/5/08 to 2/5/08.


REPROVAL ORDER

Case Number(s): 06-C-15271-LMA, 07-C-13429-LMA

In the Matter of: James Allen Reichle, State Bar No.: 45807

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 REPROVAL IMPOSED.

<<not>> checked. The stipulated facts and disposition are APPROVED AS MODIFIED as set forth below, and the REPROVAL IMPOSED.

<<not>> checked. All court dates in the Hearing Department 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 125(b), Rules of Procedure.) Otherwise the stipulation shall be effective 15 days after service of this order.

Failure to comply with any conditions attached to this reproval man constitute cause for a separate proceeding for willful breach of rule 1-110, Rules of Professional Conduct.

Signed by:

Judge of the State Bar Court: Lucy Armendariz

Date: March 5, 2008


CERTIFICATE OF SERVICE

[Rule 62(b); Rules Proc.; Code Civ. Proc., ß 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 San Francisco, on March 6, 2008, 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 San Francisco, California, addressed as follows:

 

JAMES ALLEN REICHLE

PO BOX 300

QUINCY, CA 95971-0300

 

checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:

 

MARK HARTMAN, Enforcement, San Francisco

 

I hereby certify that the foregoing is true and correct. Executed in San Francisco, California, on March 6, 2008.

 

Signed by:

Bernadette C.O. Molina

Case Administrator

State Bar Court