Opinion
S255540
07-11-2019
SWINDER ON DISCIPLINE
Recommended discipline imposed
The court orders that JIMMY SWINDER (Respondent), State Bar Number 288934, is suspended from the practice of law in California for three years, execution of that period of suspension is stayed, and Respondent is placed on probation for three years subject to the following conditions:
1. Respondent is suspended from the practice of law for a minimum of the first 18 months of probation, and Respondent will remain suspended until the following requirements are satisfied:
i. Respondent makes restitution to the following payees or such other recipient as may be designated by the Office of Probation or the State Bar Court (or reimburses the Client Security Fund, to the extent of any payment from the Fund to such payee, in accordance with Business and Professions Code section 6140.5) and furnishes satisfactory proof to the State Bar's Office of Probation in Los Angeles:
(1) Martir Villatoro in the amount of $2,500 plus 10 percent interest per year from May 25, 2016;
(2) Valerie Carter in the amount of $3,500 plus 10 percent interest per year from April 2, 2016;
(3) Albert Butterfield in the amount of $3,600 plus 10 percent interest per year from January 14, 2016;
(4) Martin Espino-Garcia in the amount of $500 plus 10 percent interest per year from October 14, 2016;
(5) Willie Madison in the amount of $2,500 plus 10 percent interest per year from April 3, 2017;
(6) Leaster Goodwin in the amount of $3,750 plus 10 percent interest per year from December 30, 2015; and
(7) Harold Leslie Bradley in the amount of $3,500 plus 10 percent interest per year from October 5, 2015.
ii. Respondent provides proof to the State Bar Court of rehabilitation, fitness to practice and present learning and ability in the general law. (Rules Proc. of State Bar, tit. IV, Stds. for Atty. Sanctions for Prof. Misconduct, std. 1.2(c)(1).)
2. Respondent must comply with the other conditions of probation recommended by the Hearing Department of the State Bar Court in its Order Approving Stipulation filed on March 22, 2019.
3. At the expiration of the period of probation, if Respondent has complied with all conditions of probation, the period of stayed suspension will be satisfied and that suspension will be terminated.
Within 30 days of the effective date of this Order, Respondent must provide an accounting to Martir Villatoro and Martin Espino-Garcia.
Respondent must provide to the State Bar's Office of Probation proof of taking and passing the Multistate Professional Responsibility Examination as recommended by the Hearing Department in its Order Approving Stipulation filed on March 22, 2019. Failure to do so may result in suspension. (Cal. Rules of Court, rule 9.10(b).)
Respondent must also comply with California Rules of Court, rule 9.20, 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 this order. Failure to do so may result in disbarment or suspension.
Respondent must also maintain the records of compliance as required by the conditions of probation.
Costs are awarded to the State Bar in accordance with Business and Professions Code section 6086.10 and are enforceable both as provided in Business and Professions Code section 6140.7 and as a money judgment.