For Non-Payment of Dues...
Commissioner Jones, Former Judge Karlin Draw Administrative BarSuspensions
Lori-Ann Jones is the commissioner whowas suspended from law practicea fate without immediate consequence for her inlight of the prohibition under Government Code §68082 on court commissionersengaging in practice. The former judge is Joyce Ann Karlin, as she was knownwhile on the bench, now using the surname of her husband, Superior Court JudgeWilliam F. Fahey.
Contacted yesterday, Jones expressedsurprise that she had been suspended, saying:
Oh, my gosh. I didnt know that.
She said she would clear it up today.
Until Jones does gain reinstatement, atechnical objection to her hearing cases could conceivably be raised in lightof rule 10.701 of the California Rules of Court which provides that, exceptwith narrow exceptions, a person is ineligible to be a subordinate judicialofficer unless the person is a member of the State Bar.
The bar status of commissioners is distinctfrom that of judges. A judges bar membership is in limbo; Business andProfessions Code §6002 provides: The members of the State Bar are all personsadmitted and licensed to practice law in this State except justices and judgesof courts of record during their continuance in office.
Commissioners, on the other hand, aremembers of the State Bar, on either active or inactive status. Although mostopt for the latter classification, the Los Angeles Superior Courts lawyer,Court Counsel Frederick R. Bennett, said yesterday that while he hasntresearched the issue, he knows of no requirement that a commissioner relinquishactive membership, though practicing law is proscribed.
Up until her flukish administrativesuspension on Aug. 16, Jones had been an active member. The list of suspendedmembers was provided yesterday.
The mix-up could have occurred becausethe address the State Bar has for Jones, as listed on its website, is that ofthe courthouse in Downey. Jones said that she was initially assigned to thatcourthouse when she became a commissioner last year, but has been at theInglewood facility since Jan. 2.
Unless a waiver is grantedretroactively, Jones will owe the State Bar $400 for active dues for 2007, a$75 assessment based on failing to pay by Feb. 1, and a $200 reinstatement fee.
Should Karlin seek reinstatement, shewould also be subject to the $75 late charge and $200 reinstatement fee, butwould pay inactive dues of $125.
In 1992, she drew three electionchallengers, but prevailed in the primary.
Karlin resumed her State Bar membershipwhen she retired from the bench in 1997 in order to spend more time with herdaughter, then 2. She opted for inactive status.
Two years later, Joyce Fahey gained aseat on the Manhattan Beach City Council, ending an eight-year stint lastMarch, further service being barred by term limits. In 2002, she was mayor ofthe South By city.
On Oct. 8, 2003, Los Angeles SuperiorCourt Judge William Willett granted her anti-SLAPP motion and dismissed anaction brought against her by a City Council rival candidate who claimed thatFahey invaded her privacy. Fahey and her nephew obtained the rivals SocialSecurity number and were able to uncover that she lied on her candidatestatement about having a college degree.
The former judge said yesterday:
I havent heard anything about aproblem with my bar dues. Theres clearly a mix up which Ill take care of inthe next few days.
IT IS ORDERED that each personhereinafter named is suspended from membership in the State Bar of Californiaand from the rights and privileges of an attorney to practice law as of August16, 2007, and until payment of all current and accrued fees and/or penaltiesand/or costs is made, the annual order said, adding:
IT IS FURTHER ORDERED that uponpayment in certified funds of all current and accrued fees and/or penaltiesand/or costs, the suspension for nonpayment shall terminate and such person maybe fully restored to membership in the State Bar of California and to allrights and privileges, duties and responsibilities incident thereto....
The list of suspended attorneysprovided by the State Bar yesterday was current through Aug. 23. A Sept. 7Membership Records report listed 139 members who had been suspended fornon-payment of dues but had since proffered the overdue fundsthough severalremained on administrative suspension based on failing to fulfill MinimumContinuing Legal Education requirements.
As of Aug. 23, 424 lawyers were onadministrative suspension based on deficiencies in their MCLE credits, and 15of them had been reinstated as of Sept. 7.
The Sept. 7 report listed civil rightsattorney Stephen Yagman as among those recently placed on interim suspensionfollowing criminal convictions. Yagman, who was suspended Aug. 23, wasconvicted in federal court June 22 on one count of tax evasion, one count ofbankruptcy fraud, and 17 counts of money laundering.
Copyright2007, Metropolitan News Company