State bar prosecutor’s ask judge to let license case against Avenatti stand

Apparently not optimistic about their chances of a near-future encounter with the incarcerated Michael J. Avenatti, prosecutors have asked a State Bar Court judge to let the case for the revocation of his law license stand as is.

Eli D. Morgenstern, a senior trial counsel leading the bar's case against Avenatti, suggested the matter be taken under submission without further trial in a status report filed Tuesday.

State Bar Court Judge Yvette D. Roland proposed such a course on the evening Avenatti was arrested by federal agents in the middle of a courtroom break, Morgenstern said. Avenatti, already on the verge of standing trial in the first of two criminal matters at the time of his Jan. 14 arrest, has been incarcerated in Manhattan federal prison since then.

Morgenstern said while the arrest came before either side completed their examination of complainant Gregory Barela, he had "no opposition to the court's proposal."

"Based on the expedited nature of the instant proceedings, the multiple delays which have already taken place in the six months since the corrected application was filed, and the overarching need for public protection, the State Bar is satisfied that even without the additional testimony, further proceedings are not necessary," wrote Morgenstern.

Avenatti's counsel did not respond to a request for comment Wednesday afternoon. The next status conference has been scheduled for Feb. 24.

--Steven Crighton