Case Number(s): 12-H-11016
In the Matter of: Dani Jo Handell, Bar # 130346, A Member of the State Bar of California, (Respondent).
Counsel For The State Bar: Erica L. M. Dennings, Office of the Chief Trial Counsel, 180 Howard Street, 7th FL, San Francisco, CA 94105, (415) 538-2285, Bar # 145755
Counsel for Respondent: In Pro Per Respondent, Dani Jo Handell, 978 Roseberry Drive, Las Vegas, NV 89138, Bar # 130346
Submitted to: Assigned Judge – State Bar Court Clerk’s Office San Francisco.
Filed: April 16, 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 14, 1987.
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 13 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):
<<not>> checked. Costs are added to membership fee for calendar year following effective date of discipline.
checked. Costs are to be paid in equal amounts prior to February 1 for the following membership years: 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.
<<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.
Case Number(s): 12-H-11016
In the Matter of: Dani Jo Handell, State Bar No.: 130146
checked. a. Respondent must abstain from use of any alcoholic beverages, and shall not use or possess any narcotics, dangerous or restricted drugs, controlled substances, marijuana, or associated paraphernalia, except with a valid prescription.
checked. b. Respondent must attend at least eight (8) meetings per month of:
<<not>> checked. Alcoholics Anonymous
<<not>> checked. Narcotics Anonymous
<<not>> checked. The Other Bar
checked. Other program Attendance at an abstinence based self-help group
Respondent shall attend at least eight (8) meetings per month of an abstinence based self-help group of her own choosing, including, inter alia, Alcoholics Anonymous, Narcotics Anonymous, Life Ring, S.M.A.R.T., or S.O.S. Other self-help maintenance programs are sceeptable if they include (i) a subculture to support recovery (meetings) and (ii) a process of personal development that does not have financial barriers. The program called "Moderation Management" is not acceptable because it allows participants to continue to consume alcohol.
Before respondent attends her first self-help group meeting, she shall contact the Office of Probation and obtain approval for the program she has selected.
As a separate reporting requirement, Respondent must provide to the Office of Probation satisfactory proof of attendance during each month, on or before the tenth (10th) day of the following month, during the condition or probation period.
checked. c. Respondent must select a license medical laboratory approved by the Office of Probation. Respondent must furnish to the laboratory blood and/or urine samples as may be required to show that Respondent has abstained from alcohol and/or drugs. The samples must be furnished to the laboratory in such a manner as may be specified by the laboratory to ensure specimen integrity. Respondent must cause the laboratory to provide to the Office of Probation, at the Respondent’s expense, a screening report on or before the tenth day of each month of the condition or probation period, containing an analysis of Respondent’s blood and/or urine obtained not more than ten (10) days previously.
checked. d. Respondent must maintain with the Office of Probation a current address and a current telephone number at which Respondent can be reached. Respondent must return any call from the Office of Probation concerning testing of Respondent’s blood or urine within twelve (12) hours. For good cause, the Office of Probation may require Respondent to deliver Respondent’s urine and/or blood sample(s) for additional reports to the laboratory described above no later than six hours after actual notice to Respondent that the Office of Probation requires an additional screening report.
checked. e. Upon the request of the Office of Probation, Respondent must provide the Office of Probation with medical waivers and access to all of Respondent’s medical records. Revocation of any medical waiver is a violation of this condition. Any medical records obtained by the Office of Probation are confidential and no information concerning them or their contents will be given to anyone except members of the Office of Probation, Office of the Chief Trial Counsel, and the State Bar Court who are directly involved with maintaining, enforcing or adjudicating this condition.
Other:
IN THE MATTER OF: Dani Jo Handell, State Bar No. 130346
STATE BAR COURT CASE NUMBER: 12-H-11016
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. 12-H-11016:
FACTS:
1. On or about November 23, 2010, respondent signed a stipulation in case numbers 06-C-14955 and 09-C-17093 in which she agreed to receive a reproval and promised to comply with conditions attached to the reproval for a period of one year. The conditions attached to the reproval were specified in the stipulation that respondent signed.
2. On or about December 2, 2010, acting under the authority of Business and Professions Code section 6077, the State Bar Court of California filed an order imposing a reproval upon respondent in case numbers 06-C-14955 and 09-C-17093.
3. Shortly after December 2, 2010, respondent had actual knowledge of the reproval conditions and reproval order.
4. The reproval order and reproval conditions became effective on or about December 23, 2010, and have remained in full force at all times thereafter.
5. Substance Abuse Conditions.
(a) One of the conditions of the reproval required respondent to submit reports as follows:
"Respondent must select a license medical laboratory approved by the Office of Probation, Respondent must furnish to the laboratory blood and/or urine samples as may be required to show that Respondent has abstained from alcohol and/or drugs. The samples must be furnished to the laboratory in such a manner as may be specified by the laboratory to ensure specimen integrity. Respondent must cause the laboratory to provide to the Office of Probation, at the Respondent’s expense, a screening report on or before the tenth day of each month of the condition or probation period, containing an analysis of Respondent’s blood and/or urine obtained not more than ten (10) days previously.
(b) On or about January 20, 2011, the Office of Probation provided respondent with a Lab Test Information Sheet that set out the requirements of her testing. Section (4) provides: If you are required to test and prove that you abstained, the office of Probation generally requires that you submit to the ten-panel drug test AND EtG test. The Office of Probation will not accept test results for ethanol (in lieu of EtG) unless your condition dearly and unequivocally states that such a test is acceptable. Section (6) provides, inter alia, also, a screening report lists all of the items you were tested for with each of the individual results. An overall synopsis, e.g. "negative", with no breakdown, is not accepted by the Office of Probation. Respondent violated this condition because she failed to submit test results that tested for Et(3 and/or she failed to submit test results that listed all the items tested for on the following dates: May 2011, June 201 l, July 201 l, August 201 I, and September 2011.
6. MCLE
Respondent lives in Nevada and is not required to attend State Bar Ethics School. In lieu of attending Ethics School, respondent must complete six hours of MCLE courses in ethics that are interactive in nature, that is, respondent must attend a course or courses in person. Respondent must provide proof of attendance at these courses to the State Bar Office of Probation.
(a) Respondent willfully violated this reproval condition because she failed to complete six hours of MCLE courses by December 23, 2011.
8. MPRE Condition.
(a) One of the conditions of the reproval provided as follows:
"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 within one year of the effective date of the reproval."
(b) Respondent willfully violated this reproval condition because she failed timely to provide proof of passage of the MPRE to the Office of Probation. Respondent took the November 2011 MPRE, but did not pass. To date, respondent has failed to provide proof of passage to the Office of Probation.
CONCLUSIONS OF LAW
By not providing lab test results with the required information, not completing six hours of MCLE courses within one year of the effective date of the reproval, and not taking and passing and providing proof of passage of the MPRE within one year of the effective date of the reproval, respondent failed to comply with conditions attached to public or private reprovals or other discipline administered by the State Bar, in willful violation of rule 1-110 of the Rules of Professional Conduct.
PENDING PROCEEDINGS.
The disclosure date referred to, on page 2, paragraph A(7), was March 21, 2012.
AUTHORITIES SUPPORTING DISCIPLINE.
Standards for Attorney Sanctions for Professional Misconduct, standard 2.9; Conroy v. State Bar (1990) 5I Cal.3d 799.
STATE BAR ETHICS SCHOOL.
Respondent resides in Nevada and is not required to attend State Bar Ethics School. In lieu of attending Ethics School, respondent must complete three hours of MCLE courses in ethics that are interactive in nature. Respondent must attend her MCLE course or courses in person. Respondent must provide satisfactory proof of attendance at these courses to the State Bar Office of Probation.
SUBSTANCE ABUSE CONDITIONS
(c) Respondent shall comply with the laboratory testing provisions of the substance abuse conditions for the fast six months of probation.
ELECTION NOT TO REQUEST STATE BAR COURT’S ALTERNATIVE DISCIPLINE
PROGRAM.
By signing this stipulation, respondent acknowledges that she was provided information about the State Bar Court’s Alternative Discipline Program, that she was offered the opportunity to request referral to and participation in that program, and that she has elected not to do so.
OTHER AGREEMENTS AND CONDITIONS.
The parties understand and agree that because respondent resides outside California, all of the conditions of her discipline and probation will be completed outside California.
SIGNATURE OF THE PARTIES
Case Number(s): 12-H-11016
In the Matter of: Dani Jo Handell, State Bar No.: 130346
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: Dani Jo Handell,
Date: March 26, 2012
Respondent’s Counsel:
Date:
Deputy Trial Counsel: Erica L.M. Dennings
Date: April 2, 2012
Case Number(s): 12-H-11016
In the Matter of: Dani Jo Handell, State Bar No.:130346
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:
<<not>> 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.
<<not>> checked. All Hearing dates are vacated.
1. on p.2,B (1)(b) Date prior discipline effective. Delete “December 2, 2010” and replace it with “December 23, 2012.”
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: Patricia McElroy
Date: April 16, 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 April 16, 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:
DANI JO HANDELL
978 ROSEBERRY DR
LAS VEGAS, NV 89138
checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:
ERICA DENNINGS, Enforcement, San Francisco
I hereby certify that the foregoing is true and correct. Executed in San Francisco, California, on April 16, 2012.
Signed by:
Lauretta Cramer
Case Administrator
State Bar Court