Discipline Report

      DISBARMENT
      Philip H. Buda, State Bar # 83369, Redwood City (December 12). Buda, 56, was disbarred for failing to comply with rule 955 of the Rules of Court.
      In December 2006 Buda was suspended for 90 days for failing to perform legal services competently; improperly withdrawing from representation; failing to return client papers promptly; failing to communicate; engaging in the unauthorized practice of law; charging and collecting an illegal or unconscionable fee; failing to maintain a current address with the State Bar; violating Penal Code section 415 (2), disturbing another by loud and unreasonable noise; and failing to cooperate with a State Bar investigation. Conditions to the suspension required Buda to notify clients and opposing counsel of his suspension within 30 days and file an affidavit of compliance within 40 days. He failed to file the affidavit and failed to provide an explanation to the State Bar for his noncompliance.
      In aggravation, Buda had a record of prior discipline. In December 2006 the underlying matter occurred. In the current misconduct Buda demonstrated indifference toward rectification of or atonement for the consequences of his misconduct, and he failed to cooperate with the State Bar during its investigation and proceedings prior to entry of his default.
      The order took effect January 11.
     
      James D. Going III, State Bar # 123649, Norwalk (November 28). Going, 64, was disbarred after being found culpable of improperly withdrawing from representation, failing to communicate with a client, failing to keep a client informed about developments in the client's case, failing to maintain client funds in trust, failing to comply with conditions to a 2004 order of discipline, and failing to cooperate with two State Bar investigations.
      In aggravation, Going had a record of prior discipline. In the current matter the misconduct involved multiple acts of wrongdoing.
      The order took effect December 28.
     
      Robert B. Hutchins, State Bar # 136790, Glendale (November 28). Hutchins, 53, was disbarred for failing to comply with rule 955 of the Rules of Court.
      In May 2005 Hutchins was suspended for 60 days and until he made restitution of $2,500. He was disciplined for failing to perform legal services competently, failing to respond to client inquiries, improperly withdrawing from representation, and failing to cooperate with a State Bar investigation. Conditions to the discipline required Hutchins to comply with rule 955 by notifying clients and opposing counsel of his suspension within 30 days and filing an affidavit of compliance within 40 days. He failed to promptly file the affidavit after being reminded to do so several times by the Office of Probation, and he failed to provide an explanation to the State Bar for his noncompliance.
      In aggravation, Hutchins had a record of prior discipline, the 2005 underlying matter. In June 2006 he was suspended for 30 days and until the State Bar Court grants a motion terminating the suspension. He was disciplined for failing to return unearned fees, failing to provide an accounting to a client, failing to communicate with a client, and failing to cooperate with a State Bar investigation.
      The order took effect December 28.
     
      Darnel A. Parker, State Bar # 135739, Gardena (November 15). Parker, 45, was disbarred for engaging in the unauthorized practice of law, failing to obey a court order, charging or collecting an illegal or unconscionable fee, and failing to cooperate with two State Bar investigations.
      In May 2005 the State Bar placed Parker on inactive status. In June 2005 he continued to represent a client in a civil matter. The judge in the case filed a complaint about Parker with the State Bar. A bar investigator wrote to Parker about the complaint, but Parker failed to respond to the investigator's letter.
      In aggravation, Parker had a record of prior discipline. In the current matter the misconduct involved multiple acts of wrongdoing, dishonesty, and concealment that caused harm to the administration of justice. In addition, he failed to cooperate with the bar's investigation or to participate in its proceedings.
      The order took effect December 15.
     
      Mitchel J. Schapira, State Bar #67427, Anchorage, Alaska (November 28). Schapira, 55, was disbarred for failing to comply with rule 955 of the Rules of Court.
      In September 2005 Schapira's previous order of probation was revoked, and he was suspended for one year for failing to comply with conditions to a previous discipline. He was given credit toward his actual suspension for the period of involuntary inactive enrollment, which began March 26, 2005. Conditions to the discipline required him to comply with rule 955 by notifying clients and opposing counsel of his suspension within 30 days and filing an affidavit of compliance within 40 days. He failed to file the affidavit and failed to provide an explanation to the State Bar for his noncompliance.
      In aggravation, Schapira had a record of prior discipline. The current misconduct involved multiple acts of wrongdoing. Also, he demonstrated indifference toward rectification of or atonement for the consequences of his misconduct, and he failed to participate in the State Bar disciplinary proceedings.
      The order took effect December 28.
     
      Terrance J. Shannon, State Bar # 94750, Dana Point (November 28). Shannon, 52, was disbarred for failing to perform legal services competently, failing to promptly return unearned fees, and failing to cooperate with a State Bar investigation.
      In October 2003 Shannon was paid $5,000 to represent a client in transferring a beer and wine license to the client's new restaurant and obtain a new liquor license. After not hearing from Shannon about the status of the license, the client telephoned the Department of Alcoholic Beverage Control in April 2004 and learned that no application had been filed on the client's behalf.
      Later, the client filed a complaint with the State Bar. In March 2004 the client also filed a small claims action against Shannon. After the matter was continued several times at Shannon's request, in September 2004 the court awarded the client $5,000 plus $52 in costs. In November 2004 Shannon paid the $5,000 judgment to the client, but he refused to pay the $52 in costs.
      In aggravation, Shannon had a record of prior discipline. The current matter involved multiple acts of wrongdoing. In addition, Shannon demonstrated indifference toward rectification of or atonement for the consequences of his misconduct.
      The order took effect December 28.
     
      RESIGNATION
      The following attorneys resigned from the bar with unspecified disciplinary charges pending. Their resignations were accepted without prejudice to further disciplinary proceedings should they seek reinstatement.
     
      Dwight M. Bolden, State Bar # 122269, Los Angeles (December 12). Bolden, 49, resigned from the bar on October 16. The order took effect January 11.
     
      Mary L. Fenili, State Bar # 79033, Denver, Colorado (November 15). Fenili, 61, resigned from the bar on October 4. The order took effect December 15.
     
      Leroy A. Martin, State Bar # 137619, Los Angeles (November 15). Martin, 54, resigned from the bar on October 25. The order took effect December 15.
     
      Jeffrey S. Schoefer, State Bar # 218676, San Leandro (November 21). Schoefer, 40, resigned from the bar on October 20. The order took effect December 21.
     
      Lanny P. Waggoner, State Bar # 67908, Beverly Hills (December 12). Waggoner, 60, resigned from the bar on October 28. The order took effect January 11.
     
      SUSPENSION
      Juan Chacon, State Bar # 141465, Sacramento (November 15). Chacon, 64, had his previous order of probation revoked and a new order issued in which he was suspended for one year for failing to comply with conditions to a previous disciplinary order.
      In aggravation, Chacon had a record of prior discipline. In October 2005 the underlying matter occurred. Also, the current misconduct involved multiple acts of wrongdoing.
      The order took effect December 15.
     
      Matthew J. Connolly, State Bar # 145539, Tracy (November 28). Connolly, 48, was suspended for two years and until he makes restitution of $3,350 to three clients and provides proof of his rehabilitation and fitness to practice.
      Connolly was found culpable of misconduct in six client matters that involved nine counts of wrongdoing by failing to perform legal services competently, failing to return unearned fees, failing to promptly reply to client inquiries, failing to comply with the Code of Judicial Ethics, failing to maintain respect due the courts, improperly withdrawing from representation, failing to comply with the laws of California, and failing to obey a court order.
      In aggravation, the misconduct involved multiple acts of wrongdoing that harmed clients and the administration of justice. Connolly also demonstrated indifference toward rectification of or atonement for the consequences of his misconduct by failing to return unearned fees and by failing to release trust assets to beneficiaries. In addition, he failed to participate in the State Bar proceedings before entry of his default.
      The order took effect December 28.
     
      Michael W. Coopet, State Bar # 111063, Long Beach (December 12). Coopet, 50, was suspended for nine months and placed on three years of probation for failing to timely comply with rule 955 of the Rules of Court and failing to comply with conditions to a previous order of discipline.
      In aggravation, Coopet had a record of prior discipline, the underlying matter. In mitigation, he cooperated with the State Bar during its investigation and proceedings.
      The order took effect January 11.
     
      Alan W. Curtis, State Bar # 56827, Costa Mesa (December 12). Curtis, 62, was suspended for six months and placed on two years of probation for failing to maintain client funds in trust; commingling funds; issuing client trust account checks to pay for personal and business-related expenses; writing trust account checks against insufficient funds; and engaging in acts of moral turpitude, dishonesty, or corruption.
      In aggravation, Curtis had a record of prior discipline. In mitigation, from June 2003 and into the first quarter of 2006 Curtis was seriously ill, diagnosed with leukemia, kidney disease, and other medical problems. He was hospitalized on two occasions. In 2006 he returned to his law practice and instituted new bookkeeping procedures and a different system to manage his client trust account. Also, in the current matter no clients were harmed by the misconduct.
      The order took effect January 11.
     
      Michael T. Dell'Osso, State Bar # 103439, Tracy (November 15). Dell'Osso, 53, was suspended for one year. He was disciplined for failing to comply with conditions to a public reproval.
      In aggravation, Dell'Osso had a record of prior discipline. In the current matter the misconduct involved multiple acts of wrongdoing by failing to comply with conditions to the reproval. Also, he failed to participate in the State Bar proceedings before entry of his default.
      The order took effect December 15.
     
      John R. DeLoreto, State Bar # 118885, Santa Barbara (November 28). DeLoreto, 47, was suspended for six months and placed on three years of probation after his conviction for violating Health and Safety Code section 11355, delivery of a controlled substance; section 11550, being under the influence of a controlled substance; and Penal Code section 272, contributing to the delinquency of a minor. He was given credit for the period of the interim suspension, which began on March 7, 2003.
      In October 2002 DeLoreto and his 17-year-old son were arrested for drug intoxication. In January 2003 he pleaded nolo contendere to the three violations and was sentenced to 180 days in jail and placed on three years of criminal probation. In March 2003 the State Bar placed DeLoreto on interim suspension.
      In mitigation, DeLoreto had no record of prior discipline since being admitted to the bar in 1985. Also, at the time of the misconduct DeLoreto suffered from substance-abuse problems. He no longer suffers from those difficulties.
      The order took effect December 28.
     
      Lucien E. Dierickx, State Bar # 181960, Temecula (December 12). Dierickx, 64, was suspended for 90 days for failing to comply with conditions to a previous disciplinary order.
      In March 2005 Dierickx was placed on three years of probation for engaging in acts of moral turpitude, dishonesty, or corruption. Conditions to the probation required Dierickx to file quarterly probation reports and attend and pass State Bar ethics school. He failed to promptly submit his probation reports and failed to attend ethics school by the ordered date. In February and March 2006 he informed the Office of Probation he would file a motion requesting an extension of time to attend ethics school, but he failed to do so.
      In aggravation, Dierickx had a record of prior discipline, the underlying matter. In mitigation, Dierickx contends that health problems contributed to his noncompliance with the imposed conditions.
      The order took effect January 11.
     
      David J. Earle, State Bar # 98968, Glendale (December 12). Earle, 51, was suspended for six months for issuing a client trust account check against insufficient funds; failing to maintain a current address with the State Bar; engaging in the unauthorized practice of law; engaging in acts of moral turpitude, dishonesty, or corruption; and failing to cooperate with a State Bar investigation.
      In aggravation, the misconduct involved multiple acts of wrongdoing. Also, he failed to participate in the State Bar proceedings before entry of his default. In mitigation, Earle had no record of prior discipline since being admitted to the bar in 1981.
      The order took effect January 11.
     
      Jason S. Guetzkow, State Bar # 191280, Washington, D.C. (December 12). Guetzkow, 36, was suspended for 90 days and placed on two years of probation for failing to perform legal services competently, failing to communicate with clients, improperly withdraw-ing from representation, failing to return unearned fees, failing to promptly release client papers and property, and failing to cooperate with three State Bar investigations.
      In aggravation, the misconduct involved multiple acts of wrongdoing that caused significant harm to clients. In mitigation, during the period of misconduct Guetzkow suffered from depression. With the help of a physician, his depression is now under control.
      The order took effect January 11.
     
      Mauricio E. Hernandez, State Bar # 123368, Pomona (November 28). Hernandez, 50, was suspended for 30 days and placed on two years of probation for failing to promptly notify a client he was in receipt of settlement funds, failing to promptly deliver funds belonging to a client, failing to respond to a client's reasonable status inquiries, and engaging in the unauthorized practice of law.
      In aggravation, the misconduct involved multiple acts of wrongdoing. In mitigation, Hernandez had no record of prior discipline since being admitted to the bar in 1986. Also, during the time of the misconduct Hernandez suffered family difficulties when his son was hospitalized in October and November 2004 due to a serious medical condition.
      The order took effect December 28.
     
      Martin T. Inkmann, State Bar # 208039, Redlands (October 25). Inkmann, 39, was suspended for two years and until he makes restitution of $9,000 to three clients.
      In aggravation, the misconduct involved multiple acts of wrongdoing that caused significant harm to clients. Inkmann demonstrated indifference toward rectification of or atonement for the consequences of his misconduct by failing to return unearned fees. Also, he failed to participate in the State Bar proceedings before entry of his default.
      The order took effect November 24.
     
      John W. Johanson, State Bar # 82001, Henderson, Nevada (November 28). Johanson, 53, was suspended for 60 days and placed on two years of probation for failing to promptly release a client's file, failing to comply with a court order, and failing to maintain client funds in trust.
      In aggravation, Johanson had a record of prior discipline. Also, he demonstrated indifference toward rectification of or atonement for the consequences of his misconduct. In mitigation, during the period of misconduct Johanson suffered the death of his father and two close friends. He also cooperated with the State Bar during its investigation and proceedings.
      The order took effect December 28.
     
      Ernest Lutz, State Bar # 182089, Los Angeles (November 15). Lutz, 40, was suspended for 15 months and placed on five years of probation after being found culpable of misconduct in seven client matters. He failed to maintain client funds in trust; misappropriated $22,000; commingled funds; issued client trust account checks against insufficient funds; and engaged in acts of moral turpitude, dishonesty, or corruption. The misconduct took place between October 2002 and November 2005.
      In aggravation, the misconduct involved multiple acts of wrongdoing. In mitigation, Lutz had no record of prior discipline since being admitted to the bar in 1996. He cooperated with the State Bar during its investigation and proceedings and submitted letters from medical providers, lawyers, and clients attesting to his good character. After State Bar involvement but before the notice of disciplinary charges, Lutz paid all outstanding balances to the medical providers. Since that time, he has also made changes to his office procedures and opened a new client trust account.
      The order took effect December 15.
     
      Timothy L. McCandless, State Bar # 147715, Carson City, Nevada (November 17). McCandless, 59, was suspended for 90 days and placed on two years of probation under the same terms and conditions as a previous probation.
      In February 2004 McCandless was suspended for six months and placed on 60 months of probation for failing to perform legal services competently in three matters, failing to communicate in three matters, failing to promptly return client papers and property in one matter, and improperly withdrawing from representation in one matter. The misconduct occurred during the time McCandless obtained clients through Centro Legal Hispano, a legal clinic. The misconduct involved five clients who were represented by McCandless between 1998 and 2002. Conditions to the discipline required McCandless to, among other things, submit quarterly probation reports.
      McCandless failed to promptly submit probation reports between April 2004 and April 2006, and he failed to maintain current contact information with the membership department of the State Bar.
      In aggravation, McCandless had a record of prior discipline. In the current discipline the misconduct involved multiple acts of wrongdoing that harmed clients. In mitigation, in June 2006 he filed probation reports that were due in October 2005, and January and April 2006. In August 2006 he filed an update to his address with the membership department of the State Bar.
      The order took effect December 17.
     
      Kathleen E. McCasey, State Bar # 170303, San Francisco (November 17). McCasey, 58, was suspended for 60 days and placed on one year of probation after being found culpable of misconduct in four client matters by improperly withdrawing from a case, failing to return unearned fees, failing to perform legal services competently, failing to keep a client informed about developments in the client's case, accepting a fee from someone other than the client, and failing to respond to status inquires by a client. The misconduct occurred between September 2003 and May 2005.
      In aggravation, McCasey had a record of prior discipline. In 2001 she received a public reproval for failing to refund unearned fees. In the current matter the misconduct involved multiple acts of wrongdoing. In mitigation, during the period of misconduct McCasey suffered personal difficulties.
      The order took effect December 17.
     
      Marilla L. Ross, State Bar # 138920, Santa Barbara (November 28). Ross, 48, was suspended for 30 days in a Review Department opinion after her conviction for violating Penal Code section 148(a)(1), resisting arrest, a misdemeanor.
      In June 2004 Ross filed a complaint with the Laguna Beach Police Department complaining about harassing telephone calls. The watch commander told Ross a report would be taken and that they would need a tape recording of the telephone calls she received. Ross became enraged and began swearing and screaming at the watch commander. He repeatedly ordered Ross to leave the building. As she left, she continued to yell and swear loudly. She then parked her car in front of the police station. The commander told Ross to move her car or he would have her arrested. When Ross refused to move her car, she was arrested. In August 2004 Ross pleaded no contest to violating Penal Code section 148(a)(1) and was fined $100. The court waived the fine, finding her indigent.
      In aggravation, Ross had a record of prior discipline. Also, she failed to participate in the State Bar proceedings before entry of her default.
      The order took effect December 28.
     
      James M. Simmons, State Bar # 159726, Inglewood (November 28). Simmons, 51, had his previous order of probation revoked and a new order issued in which he was suspended for one year. Simmons was given credit for his period of interim suspension, which began on September 15, 2006. He was disciplined for failing to comply with conditions to a previous disciplinary order.
      In January 2005 Simmons was placed on two years of probation for engaging in the unauthorized practice of law. Between September and December 2002 Simmons had been suspended for failing to pay his State Bar dues and failing to comply with continuing legal education requirements. While on suspended status, he continued to prepare and file documents with the court and represented a client in a civil case. He violated conditions to the discipline, failing to promptly file quarterly probation reports for the last three quarters of 2005, and failing to submit reports due in January, April, and July 2006. He also failed to provide proof of completing State Bar ethics school.
      In aggravation, Simmons had a record of prior discipline, the underlying matter. Also, he failed to participate in the State Bar proceedings before entry of his default.
      The order took effect December 28.
     
      David M. Smithson, State Bar # 118338, Los Angeles (November 28). Smithson, 50, was suspended for 60 days and until he pays $500 in sanctions. He was disciplined for engaging in the unauthorized practice of law, violating a court order, and failing to maintain an official address with the State Bar.
      In aggravation, the misconduct involved multiple acts of wrongdoing, and Smithson failed to cooperate with the State Bar investigation. In mitigation, he had no record of prior discipline since being admitted to the bar in 1985.
      The order took effect December 28.
      Joseph F. Stone, State Bar # 120243, Simi Valley (November 28). Stone, 46, was suspended for two years and until he makes restitution of $1,675 to one client. He was disciplined for failing to promptly pay out funds on behalf of a client; failing to maintain client funds in trust; engaging in acts of moral turpitude, dishonesty, or corruption; and failing to cooperate with a State Bar investigation.
      In aggravation, the misconduct involved multiple acts of wrongdoing that caused significant harm to a client. Also, Stone failed to participate in the State Bar proceedings before entry of his default, and he demonstrated a contemptuous attitude toward disciplinary proceedings.
      The order took effect December 28.
     
      James D. White, State Bar # 73139, New Orleans, Louisiana (October 27). White, 56, had his previous order of probation revoked, the previously ordered stay of suspension lifted, and a new order issued suspending him for two years. White was disciplined for failing to comply with conditions to previous orders of discipline.
      In May 2004 White was suspended for nine months and placed on three years of probation for failing to maintain client funds in trust and failing to obey the laws of California by engaging in the unauthorized practice of law. Conditions to the discipline required him to take and pass the professional responsibility exam and comply with rule 955 by filing an affidavit of compliance. He failed to take and pass the professional responsibility exam, and he failed to submit his rule 955 affidavit.
      In aggravation, White had a record of prior discipline.
      The order took effect November 26.
     
      PROBATION
      Kenneth R. Brutus, State Bar # 190876, Temecula (October 25). Brutus, 41, was placed on one year of probation for failing to comply with conditions to a public reproval.
      In December 2004 Brutus received a public reproval for failing to perform legal services competently and failing to comply with a court order. Conditions to the reproval required him to file quarterly probation reports and take and pass the professional responsibility exam. The probation reports due in 2005 and 2006 were not filed promptly, and he failed to pass the professional responsibility exam.
      In aggravation, Brutus had a record of prior discipline, the underlying matter. In mitigation, during the period of misconduct Brutus suffered problems in his personal life when his mother died in January 2005.
      The order took effect November 24.
     
      Mashiur R. Chowdhury, State Bar # 230982, Chino Hills (November 15). Chowdhury, 43, was placed on two years of probation for failing to comply with the Federal Rules of Practice.
      In 2001 Chowdhury argued immigration cases before the Ninth U.S. Circuit Court of Appeals, although he had not been admitted to practice in the federal courts. In December 2005 the Ninth Circuit sanctioned Chowdhury $1,000 for failing to comply with federal court rules. He was ordered to file a motion to withdraw and to notify all clients and courts in which he appeared as counsel. He was ordered not to appear as counsel in federal courts until admitted. He also was barred from filing for admission until one year after the date of the court's order.
      The order took effect December 15.
     
      Nicholas G. Demma, State Bar # 47318, Thousand Oaks (November 15). Demma, 68, was placed on two years of probation for failing to comply with conditions to a private reproval.
      In July 2004 Demma received a private reproval for attorney misconduct. He was required to comply with specified conditions, but he failed to file his final probation report. He also failed to provide proof of completing six hours of continuing legal education in legal ethics, and he failed to file proof of performing 60 hours of pro bono services.
      In aggravation, Demma had a record of prior discipline, the underlying private reproval.
      The order took effect December 15.
     
      Mark C. Ellis, State Bar # 170295, Wildomar (November 28). Ellis, 42, was placed on 18 months of probation for failing to perform legal services competently, failing to respond to a client's status inquiries, failing to promptly return a client's file, and failing to provide an accounting.
      In aggravation, the misconduct caused significant harm to the client and the administration of justice. In mitigation, Ellis had no record of prior discipline since being admitted to the bar in 1994. Also, during the period of misconduct Ellis suffered from depression, and he is currently being treated by a psychiatrist and regularly attends meetings of Alcoholics Anonymous. In November 2005 Ellis attempted to provide the client with documents and an accounting, but the client had moved and left no forwarding address. In May 2006 Ellis located the client and promptly mailed the documents and accounting to the client.
      The order took effect December 28.
     
      Mark E. Madison, State Bar # 158786, Fullerton (November 15). Madison, 49, was placed on two years of probation for failing to maintain client funds in trust; engaging in acts of moral turpitude, dishonesty, or corruption; failing to maintain adequate client trust account records; and failing to promptly release client papers and property.
      In mitigation, Madison had no record of prior discipline since being admitted to the bar in 1992. He cooperated fully with the State Bar during its investigation and proceedings. Between 2002 and 2004 Madison's office was burglarized on two occasions, and several bookkeeping items were taken. Also, he is now using the services of an accountant to help with the bookkeeping and bank reconciliations.
      The order took effect December 15.
     
      PUBLIC REPROVAL
      Edmundo Espinoza-Bojorquez, State Bar # 64059, Dallas, Texas (September 21). Espinoza-Bojorquez, 65, received a public reproval for failing to maintain client funds in trust.
      In aggravation, Espinoza-Bojorquez used several bank accounts for the client's funds, and none was a client trust account. In mitigation, the client was not harmed, and Espinoza-Bojorquez accounted to the client for all fees and work performed. He also provided copies of canceled checks and a copy of a notice of the client's right to arbitrate fees.
      The order took effect October 12.
     
      Byron E. Congdon, State Bar # 123286, San Bernardino (October 17). Congdon, 60, received a public reproval for failing to cooperate with a State Bar investigation.
      In mitigation, Congdon had no record of prior discipline since being admitted to the bar in 1986. He also cooperated with the State Bar during the disciplinary proceedings.
      The order took effect November 7.
     
      Phuc D. Do, State Bar # 176018, San Jose (September 27). Do, 40, received a public reproval for representing adverse interests without the informed written consent of the parties, failing to perform legal services competently, and failing to return unearned fees.
      In aggravation, the misconduct involved multiple acts of wrongdoing. In mitigation, Do had no record of prior discipline since being admitted to the bar in 1995.
      The order took effect October 18.
     
      William E. Gnass, State Bar # 50605, Merced (August 17). Gnass, 64, received a public reproval after his conviction for violating Government Code sections 87100 and 91000, using his position to influence a governmental decision, both misdemeanors.
      In 1989, and in 1990 through 2006, Gnass worked for a law firm that performed legal services for a small city. In 2005 Gnass pleaded nolo contendere to violating the Government Code by using his official position to influence a governmental decision in which he knew or should have known he had a financial interest. He was sentenced to 30 days in jail, with credit for one day served. He was also placed on 36 months of informal probation, fined $100, and required to perform 19 days of legal services under an alternative work program for the city.
      In mitigation, Gnass had no record of prior discipline since being admitted to the bar in 1972. He cooperated with the State Bar during its investigation and proceedings. Also, he submitted letters by others attesting to his good character.
      The order took effect September 7.
     
      Jeffrey P. Lustman, State Bar # 181141, Los Angeles (August 31). Lustman, 56, received a public reproval for failing to maintain respect due the courts.
      In 2005 Lustman filed a civil appeal on behalf of a client. In its ruling, the court granted the appeal in part and denied it in part. Lustman petitioned the California Supreme Court, but the petition was denied. In September 2005 he sent a letter to the three justices who heard the appeal. In his letter, he accused the three justices of engaging in blatant misrepresentation and stated that the justices were more interested in protecting the county than the victim. He also told the justices that if they did not justify their opinion within three weeks, he would report them to the Commission on Judicial Performance.
      The reproval took effect September 21.
     
      William L. McKinney, State Bar # 66803, Los Angeles (October 24). McKinney, 58, received a public reproval for failing to keep a client reasonably informed about significant developments in a case and failing to cooperate with a State Bar investigation.
      In aggravation, McKinney had a record of prior discipline. In 2003 he received a private reproval for attorney misconduct.
      The order took effect November 14.
     
      Afsaneh N. Newmen, State Bar # 210357, Santa Ana (September 20). Newmen, 43, received a public reproval for failing to perform legal services competently and failing to communicate by not keeping a client reasonably informed about significant developments in the client's case.
      In mitigation, Newmen had no record of prior discipline since being admitted to the bar in 2000. She cooperated with the State Bar during its investigation and proceedings. Also, between December 2003 and January 2004 Newmen was on medical disability after surgery.
      The reproval took effect October 11.
     
      Peter Sibley, State Bar # 49080, San Francisco (October 17). Sibley, 62, received a public reproval after his conviction for violating Vehicle Code section 23152(b), driving under the influence of alcohol with a blood-alcohol level greater than .08 percent.
      In aggravation, the misconduct involved multiple acts of wrongdoing or demonstrated a pattern of misconduct. In mitigation, he cooperated with the State Bar during its investigation and proceedings and demonstrated remorse for his wrongdoing.
      The order took effect November 7.
     
      David A. Welch, State Bar # 177443, San Diego (August 22). Welch, 51, received a public reproval for failing to perform legal services competently.
      In mitigation, Welch had no record of prior discipline since being admitted to the bar in 1995. He cooperated with the State Bar during its investigation and proceedings. Also, he submitted testimony from a wide range of references both in and outside the legal community attesting to his good character.
      The reproval took effect September 12.
     
      MISCELLANEOUS ORDERS
      Robert L. Bennett, State Bar # 64887, Bakersfield (September 12). Bennett, 68, having passed the professional responsibility exam, had his suspension terminated.
     
      John M. Harrison, State Bar # 144964, La Habra (September 12). Harrison, 53, having passed the professional responsibility exam, had his suspension terminated.
     
      Joseph Rossetti, State Bar # 90051, San Diego (September 6). Rossetti, 55, having passed the professional responsibility exam, had his suspension terminated.
     
      Gary M. Walters, State Bar # 134769, Los Angeles (September 11). Walters, 47, having passed the professional responsibility exam, had his suspension terminated.
     
      Lewis R. Wiener, State Bar # 41186, Corte Madera (October 24). Wiener, 65, having passed the professional responsibility exam, had his suspension terminated.
     
      The listings here are summaries of disciplinary action taken by the state Supreme Court or the State Bar Court for the dates noted and are provided by the State Bar Court. The summaries are comprehensive for the time period and do not reflect subsequent miscellaneous orders by the courts that may affect these matters. The date of the court's action is in parentheses. For more complete information on disciplinary proceedings, contact the San Francisco Daily Journal.
     

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