Case Number(s): 11-C-14560-LMA
In the Matter of: Steven J. Brooks Bar # 104247, A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Anthony G. Matricciani, Bar # 214730, 180 Howard Street, San Francisco, CA 94104
Counsel for Respondent: In Pro Per Respondent, Steven J. Brookes, 435 North Main Street, Lakeport, California 95453, Bar # 104247
Submitted to: Assigned Judge, State Bar Court Clerk’s Office San Francisco
Filed: January 10, 2012
<<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 3, 1982
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 (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.
Participation In Abstinence-Based Support Group
Mr. Brookes agrees to attend at least eight (8) meetings per month of an abstinence-based support group. Appropriate support groups include Alcoholics Anonymous, Narcotics Anonymous, LifeRing, S.M.A.R.T., and S.O.S. Other support groups are acceptable when they include: (1) a subculture to support recovery that includes participation in meetings; and (2) a process of personal development that does not have financial barriers. (See O’Conner v. California (C.D. Calif. 1994) 855 F. Supp. 303 (No first amendment violation when probationer given choice between AA and secular program).) The "Moderation Management" program is not acceptable because it allows the participant to continue consuming alcohol.
(Effective
January 1, 2011)
In the Matter of Steven J. Brookes
Case Number 11-C-14560
PROCEDURAL STATEMENT
A. Procedural Statement
1. This is a proceeding pursuant to Business & Professions Code 99 6101 and 6102 and rule 9.10 of the California Rules of Court.
2. On July 25, 2011, Respondent was convicted of violating Vehicle Code 9 23152(b) and the allegations of violating Vehicle Code 99 23152(a) and 20002(a) were dismissed.
3. On October 31, 2011, the Review Department of the State Bar Court issued an order pursuant to California Rules of Court, rule 9.10(a) referring the matter to the Hearing Department to recommend discipline if the Hearing Department determines that the facts and circumstances surrounding the misdemeanor violation of Vehicle Code § 23152(b) involved moral turpitude or other misconduct warranting discipline.
II. FACTS AND LEGAL CONCLUSIONS
A. Factual Statement
On February 10, 2011 at approximately 7:11 p.m., Steven J. Brookes drove his car on Main Street in Kelseyville, California while under the influence of alcohol in violation of Vehicle Code § 23152(b). While driving, Mr. Brookes crossed the center line and struck oncoming traffic causing damage to a pickup truck that had four passengers. After the collision, Mr. Brookes drove away without stopping or exchanging information as required by Vehicle Code § 20002(a).
A California Highway Patrol officer found Mr. Brookes approximately three blocks from the collision site. Mr. Brookes admitted to the officer that he was the driver who had struck the occupied truck. However, Mr. Brookes left the scene without stopping. He said there was no damage to the truck, he and the driver of the truck knew each other, and he promised he would take care of the matter later because he had to get home. The driver of the truck told the officer that it was too dark for her to see the driver of the car, and the driver drove away suddenly without exchanging information. During the investigation, Mr. Brookes submitted to a breath test by a Preliminary Alcohol Screening device and the result indicated that Mr. Brookes’s blood alcohol content was .16%. The truck sustained minor damage and two passengers sustained minor injuries.
B. Conclusions Of Law And Supporting Authority
The crime for which Mr. Brookes was convicted does not involve moral turpitude, but the facts and circumstances surrounding the conviction involve misconduct warranting discipline.
Supporting Authority
Standard 3.4 Conviction Of A Crime Not Involving Moral Turpitude But Involving Other Misconduct Warranting Discipline
In re Kelley (1990) 52 Cal.3d 487
Standard 1.2 (b)(iii), (iv) Aggravating Circumstances
Standard 1.2 (e)(i), (vii) Mitigating Circumstances
It is appropriate for disciplinary purposes to consider any criminal charges that were dismissed as well as the charges for which the attorney was actually convicted. (In the Matter of Carr (Review Dept. 1992) 2 Cal.StateBarCt.Rptr. 108.)
III. PENDING DISCIPLINARY PROCEEDINGS
There are not any other disciplinary proceedings pending against Mr. Brookes as of December 22, 2011. The disclosure date referenced in the Stipulation For Public Reproval, subdivision A, paragraph (7) is December 22, 2011.
IV. COST OF DISCIPLINARY PROCEEDINGS
Respondent acknowledges that the Office of the Chief Trial Counsel has informed respondent that as of December 22, 2011, the prosecution costs in this matter are $2,287.00. 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): 11-C-14560
In the Matter of: Steven J. Brookes, State Bar No. 104247
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: Steven J. Brookes, Anthony G. Matricciani
Respondent: Steven J. Brookes
Date: December 30, 2011
Respondent’s Counsel: N/A
Date: N/A
Deputy Trial Counsel: Anthony G. Matricciani
Date: January 6, 2011
Case Number(s): 11-C-14560
In the Matter of: Steven J. Brookes
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: Lucy Armendariz
Date: January 10, 2012
[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 San Francisco, on January 10, 2012, 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:
STEVEN
JOHN BROOKES
435 N MAIN ST
LAKEPORT, CA 95453
Checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
ANTHONY G. MATRICCIANI, Enforcement, San Francisco
I hereby certify that the foregoing is true and correct. Executed in San Francisco, California, on January 10, 2012.
Signed by Bernadette C.O. Molina
Case Administrator
State Bar Court