Case Number(s): 09-C-14708-RAH
In the Matter of: Patrick Barnes Condon, Bar # 144012, A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Larry DeSha, Deputy Trial Counsel
1149 S. Hill Street
Los Angeles, CA 90015
(213) 765-1336
Bar # 117910
Counsel for Respondent: David Cameron Carr, 530 B Street, Suite 1410
San Diego, CA 92101
(619) 696-0526
Bar # 124510
Submitted to: Assigned Judge – State Bar Court Clerk’s Office Los Angeles.
Filed: December 20, 2010.
<<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 December 11, 1989.
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 added to membership fee for calendar year following effective date of discipline.
<<not>> checked. Costs are to be paid in equal amounts prior to February 1 for the following membership years: . (Hardship, special circumstances or other good cause per rule 5.132, Rules of Procedure.) If Respondent fails to pay any installment as described above, or as may be modified by the State Bar Court, the remaining balance is due and payable immediately.
<<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.
IN THE MATTER OF: Patrick Barnes Condon, State Bar No. 144012
STATE BAR COURT CASE NUMBER: 09-C-14708-RAH
FACTS:
1. On December 20, 2006, at approximately 8:30 p.m., a motorist dialed 911 in the city of Carlsbad, CA and reported that she was following another vehicle which was being driven erratically and had jumped the curb several times. Police officers were dispatched to the scene, guided by the motorist on her cell phone. When the police arrived at the scene, it was at Respondent’s residence, where they found Respondent seated alone in his parked vehicle. The officers contacted Respondent, smelled alcohol, and administered field sobriety tests, which Respondent failed. His blood alcohol concentration ("BAC") was measured at 0.19 percent. Respondent was arrested and taken to jail, where he remained overnight.
2. On April 17, 2007, Respondent entered a guilty plea to one count of violating Vehicle Code section 23152(b), enhanced by a violation of Vehicle Code section 23578, i.e., driving a vehicle while having a BAC of 0.15 percent or more, a misdemeanor. He was convicted of that one count, and ordered to pay fines and fees of $1,955.00. Summary probation was imposed for three years, with conditions which included five days of public service, successful completion of the court’s program for a first conviction, no driving with a measurable amount of alcohol or drugs in his system, and serving two days in county jail.
3. Respondent complied with all of the terms of his probation, until November 10, 2008.
4. On November 10, 2008, at approximately 8:00 p.m., Respondent was driving down a four-laned street at about 55 miles-per-hour when his vehicle collided strongly with the rear of the moving vehicle in front of him. That vehicle struck the raised median, spun out of control, but stopped without further incident. After the collision, Respondent’s vehicle crossed the median and collided head-on with an oncoming vehicle.
5. Respondent sustained injuries of broken bones in both hands, several broken ribs, and lung injuries resulting from the broken ribs. The other two drivers were alone and suffered soft tissue injuries to their necks and back, but no broken bones. A California Highway Patrol ("CHP") officer was first on the scene and was met by paramedics. The paramedics removed Respondent from his vehicle, and notified the CHP officer that Respondent smelled of alcohol. The CHP officer confirmed the smell, and observed Respondent’s eyes to be bloodshot and watery. The officer asked Respondent what had happened, but Respondent replied in slurred speech that he did not know how much he had to drink and did not remember a collision. The paramedics then transported Respondent to a nearby hospital.
6. The CHP officer visited Respondent in the hospital approximately 90 minutes after the accident, but found Respondent to be incoherent and with no memory of the accident. A blood sample was drawn which resulted in a BAC of 0.18 percent.
7. On September 15, 2009, Respondent entered a guilty plea to one count of violating Vehicle Code section 23153 (a), enhanced by violations of Vehicle Code sections 23560 and 23578, i.e., driving a vehicle while having a BAC of 0.15 percent or more, causing bodily injury to another person, and occurring within seven years of a prior offense of driving while intoxicated. Respondent was convicted of a felony.
8. On November 12, 2009, Respondent was ordered to pay fines and fees of $2,170.00. Formal probation was imposed for five years, with conditions which included continuous participation in an alcohol monitoring device program, restitution of $937.50 to the driver of the rear-ended vehicle, total abstinence from alcohol, attendance and successful completion of a psychiatric and substance abuse program, as directed by his probation officer after validated assessment tests, and serving 30 days custody by electronic surveillance.
9. Respondent has completed his period of electronic monitoring and is currently in compliance with the terms of his probation.
CONCLUSIONS OF LAW:
10. The facts and circumstances surrounding the violation of which Respondent was convicted did not involve moral turpitude, but did involve other misconduct warranting discipline.
MITIGATING CIRCUMSTANCES:
1. No Prior Discipline. At the time of the offense on November 10, 2008, Respondent had been an active member of the State Bar and had practiced law in California for more than 18 years with no prior discipline. He had been an active member for more than 17 years at the time of the prior offense on December 20, 2006.
SUPPORTING AUTHORITY:
Standard 2.6 of the Standards for Attorney Sanctions for Professional Misconduct provides that a violation of section 6068(a) of the Business and Professions Code (failure to uphold the laws of California) shall result in disbarment or suspension depending upon the gravity of the offense or the harm, if any, to the victim, with due regard to the purpose of imposing discipline.
In In re Kelley (1990) 52 Cal.3d 487, attorney Kelley was convicted for the second time of driving under the influence of alcohol, which offense occurred while she was still on criminal probation for her first offense. The California Supreme Court held that this was not moral turpitude, but was other misconduct warranting discipline. There were mitigating circumstances of no harm to the public or the courts, good character, and candor and cooperation. There were no aggravating circumstances. The imposed discipline was a public reproval with conditions of probation for three years and attendance at the State Bar’s alcohol abuse program.
Respondent’s misconduct here is somewhat more serious than that of attorney Kelley, who injured no one. Respondent committed a felony while intoxicated, causing bodily injury to two other persons. It was only by chance that no one was injured more seriously, including himself. A stayed suspension of 12 months is the minimum under Standard 2.6, and there is no factor supporting a lesser sanction.
PENDING PROCEEDINGS:
The disclosure date referred to on page 2, paragraph A.(7), was November 29, 2010.
COSTS:
Respondent acknowledges that the Office of the Chief Trial Counsel has informed Respondent that as of November 29, 2010, the costs in this matter are $1,636.00. 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): 09-C-14708-RAH
In the Matter of: PATRICK BARNES CONDON
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: Patrick Barnes Condon
Date: November 26, 2010
Respondent’s Counsel: David Cameron Carr
Date: November 26, 2010
Deputy Trial Counsel: Larry DeSha
Date: November 29, 2010
Case Number(s): 09-C-14708-RAH
In the Matter of: Patrick Barnes Condon
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 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: Richard A. Honn
Date: December 20, 2010
[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 December 20, 2010, 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:
DAVID C CARR ESQ
LAW OFFICE OF DAVID CAMERON CARR
530 B ST STE 1410
SAN DIEGO, CA 92101
checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
Ernest Larry DeSha, Enforcement, Los Angeles
I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on December 20, 2010.
Signed by:
Julieta E. Gonzales
Case Administrator
State Bar Court