State
Bar Court of California
Hearing
Department
STIPULATION
RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION AND ORDER APPROVING
ACTUAL SUSPENSION
Case Number(s): 11-O-11887
In the Matter of: John Joseph O’Kane III, Bar # 97772 , A Member
of the State Bar of California, (Respondent).
Counsel For The State Bar: Anthony Garcia,
Office of Chief Trial Counsel
1149 South Hill Street
Los Angeles, CA 90015
Bar # 171419
Counsel for Respondent: In Pro Per Respondent
John Joseph O’Kane III
P.O. Box 726
Montrose, CA 91021
Bar# 97772
Submitted to: Assigned Judge
Filed: July 19, 2011 State Bar Court Clerk’s Office Los Angeles
<<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 May 29, 1981.
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):
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checked. Until costs are paid in full, Respondent will remain actually
suspended from the practice of law unless relief is obtained per rule 5.130,
Rules of Procedure.
checked.
Costs are to be paid in equal amounts prior to February 1 for the following
membership years: 2012, 2013, 2014. (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.
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checked. Costs are waived in part as set forth in a separate attachment
entitled "Partial Waiver of Costs".
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checked. Costs are 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
06-O- 15483 et al.
checked.
(b)
Date prior discipline effective February 13, 2010
checked.
(c) Rules
of Professional Conduct/ State Bar Act violations: Business and Professions
Code sections 6125, 6126, 6106, 6068(d), 6068(m); and Section 3-110(A) of the
Rules of Professional Conduct
checked.
(d)
Degree of prior discipline one (1) year Actual Suspension; two (2) years stayed
checked.
(e)
If Respondent has two or more incidents of prior discipline, use space provided
below.
03-0-03571, effective May
11,2005, Violations of Business & Professions Code sections 6068(i); and
Section 3-100(A) of the Rules of Professional Conduct; discipline:
Public Reproval 92-O-18885, effective January 14, 1995, Violations of
Business & Professions Code sections 6068(a), 6125, 6126; and Section
3-110(D)(1) of the Rules of Professional Conduct; discipline:
30-day Actual
Suspension.
<<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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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.
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checked. (2) No Harm: Respondent did not harm the
client or person who was the object of the misconduct.
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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.
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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.
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checked. (5) Restitution: Respondent paid $
on in restitution to 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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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.
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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.
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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.
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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.
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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:
<<not>> checked. (1) Stayed Suspension:
checked.
(a) Respondent must be suspended from the practice of law for a period of three
years.
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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:
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checked. (b) The above-referenced suspension is stayed.
checked. (2) Probation: Respondent must be placed on probation
for a period of three (3) 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 fifteen (15) months.
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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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(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.
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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.
checked No Ethics School recommended. Reason: Respondent was obligated to
take ethics school in 06-O-15483.
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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.
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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:
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(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 5.162(A) & (E), Rules of Procedure.
checked. No MPRE recommended. Reason: Respondent was obligated to
take ethics school in 06-O-15483
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.
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(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.
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(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:
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(5) Other Conditions:
ATTACHMENT
TO
STIPULATION
RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION
IN THE MATTER
OF: John Joseph O’Kane, III
CASE NUMBER(S):
11-O-11887
FACTS AND
CONCLUSIONS OF LAW
John Joseph O’Kane, III ("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.
Case No. 11-O-11887 (Complainant: State Bar)
FACTS:
1. On January 14, 2010, the California Supreme Court filed Order No. S177927
("Disciplinary Order") regarding discipline of Respondent. On January
14, 2010, the Clerk of the California Supreme Court served a copy of the
Disciplinary Order on Respondent at his membership records address.
2. The Disciplinary Order placed Respondent on a one year actual suspension and
a three year probation subject to the following conditions of probation: submit
quarterly reports to the State Bar Office of Probation ("Probation
Office") on January 10, April 10, July 10, and October 10 of each year
that he was on probation; submit, to the Probation Office by February 13, 2011,
evidence that he completed six hours of Minimum Continuing Legal Education
courses in management, attorney-client
relations
and/or general legal ethics; and submit to the Probation Office by February
13,2011, proof that Respondent completed State Bar Ethics School, and passed
the test given at the end of Ethics School.
3. Respondent submitted quarterly reports late. Respondent submitted the
quarterly report that was due by October 10, 2010, to the Probation Department
on December 2, 2010, and Respondent submitted the quarterly report that was due
by January 10, 2011, to the Probation Department on March 8, 2011.
4. To date, Respondent has not submitted to Probation Office evidence that he
has completed MCLE courses.
5. To date, Respondent has not attended Ethics School and has not passed the
Ethics School test.
CONCLUSION OF
LAW:
6. By failing to comply with the conditions attached to his disciplinary
probation, Respondent willfully violated Business and Professions Code, section
6068(k),
PENDING
PROCEEDINGS.
The disclosure date referred to, on page 2, paragraph A(7), was June 30, 2011.
MITIGATION
Respondent is receiving substantial mitigation credit for accepting
responsibility for his actions and for doing so at this early stage of the
proceedings.
AUTHORITIES
SUPPORTING DISCIPLINE.
Standards
Standard 1.7(a) which states that if a member has a prior discipline, the degree
of discipline in the current proceeding shall be greater than the discipline
imposed in the prior proceeding unless the prior discipline was so remote in
time to the current proceeding and the offense for which it was imposed was so
minimal in severity that imposing greater discipline in the current proceeding
would be manifestly unjust.
Cases
In the Matter
of Potack (Review Dept. 1991) 1 Cal. State Bar Ct. Rptr. 525.
It is
appropriate to impose a greater period of actual suspension in a matter involving
a probation violation than was imposed in the underlying prior discipline.
Respondent O’Kane was suspended for one year in his prior discipline and two
years of suspension was stayed. In the present matter, Mr. O’Kane is receiving
an additional 15 months of actual suspension and his stayed suspension has been
increased by three additional years.
SIGNATURE
OF THE PARTIES
Case Number(s): 11-O-11887
In the Matter of: John Joseph O’Kane III
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:
John Joseph O’Kane III
Date:
77/11/11
Respondent’s
Counsel:
Date:
Deputy Trial
Counsel: Anthony Garcia
Date:
7/11/11
ACTUAL
SUSPENSION ORDER
Case Number(s): 11-O-11887
In the Matter of: John Joseph O’Kane III
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:
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checked. The stipulated facts and disposition are APPROVED and the DISCIPLINE
RECOMMENDED to the Supreme Court.
checked.
The stipulated facts and disposition are APPROVED AS MODIFIED as set forth
below, and the DISCIPLINE IS RECOMMENDED to the Supreme Court.
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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 5.58 (E) & (F), 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: 7/18/11
CERTIFICATE
OF SERVICE
[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 January 24, 2012, I
deposited a true copy of the following document(s):
STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION AND
ORDER APPROVING; ORDER OF INVOLUNTARY INACTIVE ENROLLMENT
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;
John Joseph O’Kane, III
Law Office of John O’Kane
PO Box 726
Montrose, California 91021
checked by
interoffice mail through a facility regularly maintained by the State Bar of
California addressed as follows:
Anthony J.
Garcia, Enforcement, Los Angeles
I hereby
certify that the foregoing is true and correct. Executed in Los Angeles,
California, on July 19, 2011.
Signed by:
Cristina
Potter
Case
Administrator
State Bar
Court