State
Bar Court of California
Hearing
Department
STIPULATION
RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION AND ORDER APPROVING
ACTUAL SUSPENSION
Case Number(s): 08-O-12090
In the Matter of: Nolan Del Campo, Bar # 152113, A Member
of the State Bar of California, (Respondent)
Counsel For The State Bar: Treva R. Stewart, Bar # 239829
Counsel for Respondent: Bar #
Submitted to: Assigned Judge State Bar Court Clerk’s Office
Filed: December 9, 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 February 11, 1991.
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 11 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):
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until costs are paid in full, Respondent will remain actually suspended from
the practice of law unless relief is obtained per rule 284, Rules of Procedure.
checked.
costs to be paid in equal amounts prior to February 1 for the following
membership years: three billing cycles following the effective date of the
Supreme Court Order. (hardship, special circumstances or other good cause per
rule 284, Rules of Procedure.)
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checked. costs waived in part as set forth in a separate attachment entitled
"Partial Waiver of Costs".
<<not>>
checked. costs entirely waived.
B. Aggravating
Circumstances [for definition, see Standards for Attorney Sanctions for
Professional Misconduct, standard 1.2(b)]. Facts supporting aggravating
circumstances are required.
checked. (1) Prior record of discipline [see standard 1.2(f)]
checked. (a) State Bar Court
case # of prior case 99-O-11347, et al
checked. (b) Date prior
discipline effective August 7, 2004
checked. (c) Rules of
Professional Conduct/ State Bar Act violations: rules 1-310, 1-320, 3-110(A),
and 3-700(D)(2) and Business and Professions Code sections 6068(d), 6106,
6068(o)(3), 6103
checked. (d) Degree of prior
discipline
<<not>>checked. (e) If
Respondent has two or more incidents of prior discipline, use space provided
below.
<<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.
<<not>>checked. (8) No aggravating circumstances are
involved.
Additional aggravating circumstances:
C. Mitigating Circumstances [see standard 1.2(e)]. Facts supporting
mitigating circumstances are required.
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(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.
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(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. Respondent has been
candid and cooperative with the State Bar in the current proceeding.
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(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. See page
8.
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(5) Restitution: Respondent paid $ in restitution to her client without the
threat or force of disciplinary, civil or criminal proceedings.
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checked. (6) Delay: These disciplinary proceedings were excessively
delayed. The delay is not attributable to Respondent and the delay prejudiced
him/her.
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checked. (7) Good Faith: Respondent acted in good faith.
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(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.
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. Respondent was unable
to timely pay restitution due to financial stress.
<<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. In 2006, Respondent experienced family problems that
contributed to his stress.
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(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.
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checked. (12) Rehabilitation: Considerable time has passed since the acts of
professional misconduct occurred followed by convincing proof of subsequent
rehabilitation.
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checked. (13) No mitigating circumstances are involved.
Additional
mitigating circumstances
D.
Discipline:
checked. (1) Stayed Suspension:
checked.
(a) Respondent must be suspended from the practice of law for a period of one
year.
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checked. i. and until Respondent shows proof satisfactory to the State Bar
Court of rehabilitation and present fitness to practice and present learning
and ability in the law pursuant to standard 1.4(c)(ii) Standards for Attorney
Sanctions for Professional Misconduct.
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checked. ii. and until Respondent pays restitution as set forth in the
Financial Conditions form attached to this stipulation.
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checked. iii. and until Respondent does the following: .
checked.
(b) The above-referenced suspension is stayed.
checked. (2) Probation: Respondent must be placed on probation for a
period of two years, which will commence upon the effective date of the Supreme
Court order in this matter. (See rule 9.18, California Rules of Court.)
checked. (3) Actual Suspension:
checked.
(a) Respondent must be actually suspended from the practice of law in the State
of California for a period of 120 days.
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checked. i. and until Respondent shows proof satisfactory to the State Bar
Court of rehabilitation and present fitness to practice and present learning
and ability in the law pursuant to standard 1.4(c)(ii), Standards for Attorney
Sanctions for Professional Misconduct
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checked. ii. and until Respondent pays restitution as set forth in the
Financial Conditions form attached to this stipulation.
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checked. iii. and until Respondent does the following:
E. Additional Conditions of Probation:
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checked. (1) If Respondent is actually suspended for two years or more, he/she
must remain actually suspended until he/she proves to the State Bar Court
his/her rehabilitation, fitness to practice, and learning and ability in the
general law, pursuant to standard 1.4(c)(ii), Standards for Attorney Sanctions
for Professional Misconduct.
checked.
(2) During the probation period, 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 probation.
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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 to the monitor 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 probation
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 Ethics School, and passage of the test given
at the end of that session.
<<not checked>> No Ethics School recommended. Reason:
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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) The following conditions are attached hereto and incorporated:
<<not>> 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:
<<not>>checked. (1) Multistate Professional
Responsibility Examination: 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 during the period of actual suspension or within one year, whichever
period is longer. Failure to pass the MPRE results in actual suspension
without further hearing until passage. But see rule 9.10(b), California Rules of
Court, and rule 321 (a)(1) & (c), Rules of Procedure.
checked. No MPRE recommended. Reason: The protection of the public and the
interests of the Respondent do not require passage of the MPRE in this case.
checked. (2) Rule 9.20, California Rules of Court:
Respondent must comply with the requirements of rule 9.20, California Rules of
Court, and perform the acts specified in subdivisions (a) and (c) of that rule
within 30 and 40 calendar days, respectively, after the effective date of the
Supreme Court's Order in this matter.
<<not>> checked. (3) Conditional Rule 9.20,
California Rules of Court: If Respondent remains actually suspended for 90
days or more, he/she must comply with the requirements of rule 9.20, California
Rules of Court, and perform the acts specified in subdivisions (a) and (c) of
that rule within 120 and 130 calendar days, respectively, after the effective
date of the Supreme Court's Order in this matter.
<<not>> checked. (4) Credit for Interim Suspension
[conviction referral cases only]: Respondent will be credited for the period
of his/her interim suspension toward the stipulated period of actual
suspension. Date of commencement of interim suspension:
checked. (5) Other Conditions: See Stipulation
Attachment.
ATTACHMENT
TO
STIPULATION
RE ACTS, CONCLUSIONS O LAW AND DISPOSITION
IN THE MATTER OF: Nolan Del Campo,
CASE NUMBER(S): 08-O-12090 LMA,
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.
FACTS
1. On
February 15, 2004, Nolan DelCampo ("respondent") signed a stipulation
wherein he admitted professional misconduct and agreed to be suspended from the
practice of Law for one year, stayed, and placed on probation for two years
subject to probation conditions, 90 days actual suspension and payment of
restitution in case numbers 99-O-11347 and 02-O-14912.
2. On July 8,
2004, the Supreme Court of California filed an Order in case numbers 99-O-
11347 and 02-0-14912 suspending respondent from the practice of law for one
year and until he has shown satisfactory proof of rehabilitation, stayed, and
placed him on probation for two years subject to the conditions of probation,
90 days actual suspension and payment of restitution.
3. The
conditions arrayed to the stipulation required respondent to, inter alia, file
quarterly reports; file a final report; attend ethics school and pass the test
and pay restitution and provide proof of payment. The due dates for these
conditions and respondent’s compliance were as follows:
Quarterly
Reports
Due Date: October
10, 2004; Filed Date: December 8, 2004
Due Date: January
10, 2005; Filed Date: February 4, 2005
Due Date: April
10, 2005; Filed Date: April 15, 2005
Due Date: July
10, 2005; Filed Date: August 8, 2005
Due Date: October
10, 2005; Filed Date: November 25, 2005
Due Date: January
10, 2006; Filed Date: March 6, 2006
Due Date: July
10, 2006; Filed Date: March 7, 2007
Final report:
Due Date; August
7, 2006; Filed Date: March 7, 2007
Ethics
school:
Due Date:
August 7, 2005; Filed Date: October 20, 2005
Restitution:
Due Date August
7, 2006; Filed Date: October 17, 2008
4. On May 12,
2008, the Office of Probation referred respondent for non-compliance with
conditions of probation. A Notice of Disciplinary Charges ("NDC”) was
filed on August 6, 2008. The NDC alleged that respondent violated Business and
Professions Code ("B&P") section 6068(k) by failing to timely
file the quarterly reports and the final report; failing to timely attend
ethics school and pass the test and failing to timely pay restitution and
provide proof of payment
Conclusion of
Law
By failing to
timely file quarterly reports and the final report; failing to timely attend
ethics school and pass the test and failing to timely pay restitution and
provide proof of payment, respondent failed to comply with all conditions
attached to any probation pursuant to B&P section 6068(k).
WAIVER OF
VARIANCE BETWEEN NOTICE OF DISCIPLINARY CHARGES AND STIPULATED FACTS AND
CULPABILITY
The parties
waive any variance between the Notice of Disciplinary Charges filed on August
6, 2008 and the facts and/or conclusions of law contained in this stipulation.
Additionally, the parties waive the issuance of an amended Notice of
Disciplinary Charges and to a formaI hearing on any charge not included in the
pending Notice of Disciplinary Charges.
AGGRAVATING
CIRCUMSTANCES.
PRIOR
DISCIPLINE.
On February
15, 2004, respondent stipulated in case numbers 99-O-I 1347 and 024314912 to
violating rules 1-310, 1-320, 3-110(A), and 3-700(D)(2) of the Rules of
Professional Conduct and sections 6068(d), 6106, 6068(o)(3), and 6103 of the
Business and Professions Code. He agreed to being suspended from the practice
of law for one year, stayed, and placed on probation for two years subject to
probation conditions, 90 days actual suspension and payment of restitution. By
its order filed July 8, 2004, the Supreme Court of California ordered respondent
to be discipline consistent with the terms of the stipulation.
MITIGATING
CIRCUMSTANCES.
CANDOR AND
COOPERATION
Respondent
has been candid and cooperative with the State Bar in the current proceeding.
SEVERE
FINANCIAL STRESS
During the
probationary period, respondent experienced severe financial stress, which
prevented him from timely complying with the restitution condition.
STATE BAR
ETHICS SCHOOL.
Because respondent
has agreed to attend State Bar Ethics School as part of this stipulation,
respondent may receive Minimum Continuing Legal Education credit upon the
satisfactory completion of State Bar Ethics School.
RESTRICTIONS
WHILE ON ACTUAL SUSPENSION.
1. During the
period of actual suspension, respondent shall not:
a. Render legal
consultation or advice to a client;
b. Appear on
behalf of a client in any hearing or proceeding or before any judicial officer,
arbitrator, mediator, court, public agency, referee, magistrate, commissioner,
or hearing officer;
c. Appear as
a representative of a client at a deposition or other discovery matter;
d. Negotiate
or transact any matter for or on behalf of a client with third parties;
e. Receive,
disburse, or otherwise handle a client’s funds; or.
f. Engage in
activities which constitute the practice of law.
2. Respondent
shall declare under penalty of penury that he or she has complied with this
provision in any quarterly report required to be filed with the Office of
Probation, pertaining to periods in which the respondent was actually suspended
from the practice of law.
PENDING
PROCEEDINGS.
The
disclosure date referred to, on page one, paragraph A.(7), was December 3,
2008.
MULTISTATE
PROFESSIONAL RESPONSIBILITY EXAMINATION EXCLUSION.
It is
recommended that respondent not be required to take the Multistate Professional
Responsibility Examination because he was ordered to take and pass the
examination on July 8, 2004 in connection with case numbers 99-O-11347 and
02-0-14912. He took and passed the examination on March 11, 2006.
SIGNATURE OF THE PARTIES
Case Number(s): 08-O-12090
In the Matter of: Nolan Del Campo
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: Nolan
Del Campo
Date: 12/3/08
Respondent’s
Counsel:
Date:
Deputy Trial
Counsel: Treva R. Stewart
Date: 12/4/08
ORDER
Case Number(s): 08-O-12090
In the Matter of: Nolan Del Campo
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.
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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 135(b), 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.)
Signed by:
Judge of the
State Bar Court: Pat E. McElroy
Date: Dec. 9,
2008
CERTIFICATE
OF SERVICE
[Rule 62(b), Rules Proc.; 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 San Francisco, on December 9, 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:
NOLAN
A. DEL CAMPO
LAW
OFC NOLAN DELCAMPO
8968
NEW DAWN DR
SACRAMENTO,
CA 95826
checked.
by interoffice mail through a facility regularly maintained by the State Bar of
California addressed as follows:
TREVA
R. STEWART, Enforcement, San Francisco
I hereby
certify that the foregoing is true and correct. Executed in San Francisco, California,
on December 9, 2008.
Signed by:
Bernadette
C.O. Molina
Case
Administrator
State Bar
Court