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In re Smith

California Supreme Court (Minute Order)
Oct 31, 2018
No. S250769 (Cal. Oct. 31, 2018)

Opinion

S250769

10-31-2018

SMITH ON DISCIPLINE


Recommended discipline imposed

The court orders that MOZELL TONEY SMITH (Respondent), State Bar Number 212197, is suspended from the practice of law in California for one year, execution of that period of suspension is stayed, and Respondent is placed on probation for one year subject to the following conditions:

1. Respondent is suspended from the practice of law for a minimum of the first 30 days of probation, and Respondent will remain suspended until the following requirements are satisfied:

i. Respondent complies with the March 2, 2016, superior court order requiring Respondent to pay sanctions in the amount of $10,000 and furnishes satisfactory proof to the State Bar's Office of Probation in Los Angeles; and

ii. If Respondent remains suspended for two years or longer as a result of not satisfying the preceding requirement, Respondent must also provide proof to the State Bar Court of rehabilitation, fitness to practice and present learning and ability in the general law before the suspension will be terminated. (Rules Proc. of State Bar, tit. IV, Stds. for Atty. Sanctions for Prof. Misconduct, std. 1.2(c)(1)).

2. Respondent must also comply with the other conditions of probation recommended by the Hearing Department of the State Bar Court in its Order Approving Stipulation filed on July 12, 2018.

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.

Respondent must also take and pass the Multistate Professional Responsibility Examination within one year after the effective date of this order, or during the period of suspension, whichever is longer and provide satisfactory proof of such passage to the State Bar's Office of Probation in Los Angeles within the same period. Failure to do so may result in suspension. (Cal. Rules of Court, rule 9.10(b).)

If Respondent remains suspended for 90 days or more, Respondent must also comply with rule 9.20 of the California Rules of Court and perform the acts specified in subdivisions (a) and (c) of that rule within 120 and 130 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. One-half of the costs must be paid with Respondent's membership fees for each of the years 2020 and 2021. If Respondent fails to pay any installment as described above, or as may be modified in writing by the State Bar or the State Bar Court, the remaining balance is due and payable immediately.


Summaries of

In re Smith

California Supreme Court (Minute Order)
Oct 31, 2018
No. S250769 (Cal. Oct. 31, 2018)
Case details for

In re Smith

Case Details

Full title:SMITH ON DISCIPLINE

Court:California Supreme Court (Minute Order)

Date published: Oct 31, 2018

Citations

No. S250769 (Cal. Oct. 31, 2018)