Case Number(s): 11-O-16293
In the Matter of: James W. Robertson, Bar # 140969, A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Esther Rogers
State Bar of California
180 Howard Street
San Francisco, California 94105-1639
Telephone: (415) 538-2258
Bar # 148246
Counsel for Respondent: In Pro Per Respondent
James W. Robertson
3535 Lake Tahoe Blvd #125
PO Box 19152
South Lake Tahoe, CA 96151
Bar # 140969
Submitted to: Assigned Judge – State Bar Court Clerk’s Office San Francisco.
Filed: May 14, 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 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 (7) 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 awarded to the State Bar.
<<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.
ORDER OF INACTIVE ENROLLMENT:
The parties are aware that if this stipulation is approved, the judge will
issue an order of inactive enrollment under Business and Professions Code
section 6007, subdivision (c)(4), and Rules of Procedure of the State Bar, rule
5.111(D)(1).
IN THE MATTER OF: James W. Robertson, State Bar No. 140969
STATE BAR COURT CASE NUMBER: 11-O-16293
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:
Prior to November 7, 2003, respondent was charged with 14 counts of child sexual abuse in the matter R. v. R. (J.W.), 2005 British Columbia Supreme Court 75. The victims were respondent’s children, step-children, step-grandchild and a friend of his step-child.
On or about November 7, 2003, respondent was found guilty of 10 counts of sexual assault and 2 counts of common assault. Respondent was found guilty of:
1 count of sexual assault;
2 counts of indecent assault of a male person upon another male person;
2 counts of indecent assault upon a female;
3 counts of indecent assault upon a female;
1 count of rape;
1 count of rape;
1 count of common assault; and
1 count of common assault.
CONCLUSIONS OF LAW:
The acts for which respondent was convicted involve moral turpitude in willful violation of Business and Professions Code, section 6106.
PENDING PROCEEDINGS.
The disclosure date referred to, on page 2, paragraph A(7), was April 26, 2012.
SIGNATURE OF THE PARTIES
Case Number(s): 11-O-16293
In the Matter of: James W. Robertson
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: James W. Robertson
Date: May 1, 2012
Respondent’s Counsel:
Date:
Deputy Trial Counsel: Esther Rogers
Date: May 9, 2012
Case Number(s): 11-O-16293
In the Matter of: James W. Robertson
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 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.)
Respondent is ordered transferred to involuntary inactive status pursuant to Business and Professions Code section 6007, subdivision (c)(4). Respondent’s inactive enrollment will be effective three (3) calendar days after this order is served by mail and will terminate upon the effective date of the Supreme Court’s order imposing discipline herein, or as provided for by rule 5.111(D)(2) or the Rules of Procedure of the State Bar of California, or as otherwise ordered by the Supreme Court pursuant to its plenary jurisdiction.
Signed by:
Judge of the State Bar Court: Lucy Armendariz
Date: May 14, 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 May 14, 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 San Francisco, California, addressed as follows:
JAMES W. ROBERTSON
3535 LAKE TAHOE BLVD #125
PO BOX 19152
SOUTH LAKE TAHOE, CA 96151
checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
ESTHER ROGERS, Enforcement, San Francisco
I hereby certify that the foregoing is true and correct. Executed in San Francisco, California, on May 14, 2012.
Signed by:
Mazie Yip
Case Administrator
State Bar Court