Case Number(s): 10-O-10735
In the Matter of: Vicki L. St. John, Bar # 139625, A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Treva R. Stewart, 180 HOWARD STREET
SAN FRANCISCO, CA 94105
Bar #239829,
Counsel for Respondent: In Pro Per Respondent
Vicki L. St. John
281 W. Hilton Drive
Boulder Creek, CA 95006
Bar # 13925
Submitted to: Settlement Judge
Filed: October 20, 2011 State Bar Court Clerk’s Office San Francisco
<<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 June 6, 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 8 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 (public reproval).
<<not>> checked. Case ineligible for costs (private reproval).
<<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.
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 respondent’s official State Bar membership records, but is not disclosed in response to public inquiries and is not reported on the State Bar’s 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 respondent’s official State Bar Membership records, is disclosed in response to public inquiries and is reported as a record of public discipline on the State Bar’s web page.
checked. (c) A public reproval imposed on a respondent is publicly available as part of the respondent’s official State Bar membership records, is disclosed in response to public inquiries and is reported as a record of public discipline on the State Bar’s web page.
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. Respondent has no prior record of discipline over many years of practice coupled
with present misconduct which is not deemed serious. Respondent had over 21 years of discipline free practice Qt the time of misconduct.
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. During the relevant time period, Respondent experienced Several difficulties in her personal life which contributed to her misconduct. Her husband suffered substantial injuries in a motocycle accident and subsequently a stroke. Her mother, who resides out of state, suffered heart damage following an allergic reaction to chemotherapy and was hospitalized on two separate occasions. Her step father passed away unexpectedly.
IN THE MATTER OF: VICKI ST. JOHN
CASE NUMBER(S): 10-O-10735
FACTS AND CONCLUSIONS OF LAW.
Respondent admits that the following facts are true and that she is culpable of violations of the specified statutes and/or Rules of Professional Conduct.
Case No. 10-O-10735 (State Bar Investigation)
FACTS:
1. On November 9, 2010, the State Bar of California received notice from Bank of America of non-sufficient fund activity in Respondent’s client trust account number xxxxx-x2682 (the account number has been partially omitted to protect the account from identity theft).
2. On September 29, 2010, check number 1073, payable to Animal Hospital of Soquel, was presented for payment in the amount of $433.78. At the time of the presentation of the check, Respondent’s account had a balance of $203.57. Bank of America paid the check, which resulted in a balance of-$230.21 in Respondent’s client trust account.
3. Records of Respondent’s client trust account number xxxxx-x2682 for the period January 1, 2010 through June 30, 2011 reflect that Respondent regularly utilized the account for personal purposes.
4. Respondent repeatedly received electronic deposits of non-client funds into her trust account from Kelly Services and the California Employment Development Department, funds identified as "pensions" and checks from Morgan & White Draft Trust, et. al. (on behalf of David St. John), thereby commingling these funds into her client trust account.
5. Respondent made recurring electronic payments and wrote numerous checks to various entities.
6. Between April 15, 2010 and August 12, 2011 multiple notices of insufficient funds were issued in account number xxxxx-x2682, the majority of which resulted from electronic debit attempts by one creditor. Respondent denies that all of these debit attempts were authorized by her.
7. Respondent was advised in September 2010 to close her account to prevent fraudulent activity. Respondent did not close the account until September 2011.
CONCLUSIONS OF LAW:
By depositing non-client funds into her trust account, and generally using her client trust account as a personal account, Respondent deposited and commingled funds belonging to Respondent in a bank account labeled "Trust Account," "Client’s Funds Account" or words of similar import in willful violation of rule 4-100 of the Rules of Professional Conduct.
PENDING PROCEEDINGS.
The disclosure date referred to, on page 2, paragraph A(7), was October 12, 2011.
AUTHORITIES SUPPORTING DISCIPLINE.
Standard 2.2(b) imposes a minimum three-month actual suspension for a violation of rule 4-100, irrespective of mitigating circumstances, however, it is not necessary to impose actual suspension as called for by the standards when the nature of the misconduct and mitigating circumstances warrants a lesser sanction. In the Matter of Whitehead (Review Dept. 1991) 1 Cal. State Bar Ct. Rptr. 354; In the Matter of Respondent F (Review Dept. 1992) 2 Cal. State Bar Ct. Rptr. 17; In the Matter of Bleecker
(Review Dept. 1990) 1 Cal. State Bar Ct. Rptr. 113.
ADDITIONAL MITIGATING CIRCUMSTANCES
After being contacted by the State Bar Respondent expressed remorse and subsequently took steps to prevent further misuse of her client trust account. The account is now closed. Although Respondent’s mishandling of her client trust account extended over a long period of time, there is no evidence of any client funds having ever been deposited into the account. Respondent also experienced severe financial
difficulty due to being laid off work and unable to find employment for several months. After being employed for a year, Respondent was laid off again and had to go on unemployment. Her husband was also unable to work due to his injuries
CLIENT TRUST ACCOUNTING SCHOOL
Within one (1) year of the effective date of the discipline herein, Respondent must supply to the Office of Probation satisfactory proof of attendance at a session of the Ethics School Client Trust Accounting School, within the same period of time, and passage of the test given at the end of that session.
COSTS OF DISCIPLINARY PROCEEDINGS.
Respondent acknowledges that the Office of the Chief Trial Counsel has informed Respondent that as of October 12, 2011, the prosecution costs in this matter are approximately $1,983. 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): 10-O-10735
In the Matter of: Vicki St. John
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: Vicki St. John and Treva R. Stewart
Respondent: Vicki St. John
Date: October 13, 2011
Respondent’s Counsel:
Date:
Deputy Trial Counsel: Treva R. Stewart
Date: October 17, 2011
Case Number(s): 10-O-10735
In the Matter of: Vicki L. St. John
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.
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 5.58 (E) & (F), 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: Lucy Armendariz
Judge of the State Bar Court
Date: October 20, 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, October 27, 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:
VICKI LYNN ST JOHN
281 W HILTON DR
BOULDER CREEK, CA 95006
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 October 20, 2011.
Signed by: Bernadette C.O. Medina
Case Administrator
State Bar Court