In re Trebilock

Opinion

THE COURT. David D. Trebilcock, a member of the State Bar since 1975, seeks review of a recommendation of the Disciplinary Board of the State Bar that he be disbarred from the practice of law. We accept the State Bar’s recommendation.

On June 7, 1979, petitioner was placed on interim suspension following his conviction of robbery (18 U.S.C. § 2113(a)). After the conviction became final, we ordered petitioner to show cause why a final disciplinary order should not be made. Petitioner then filed his response to the order to show cause, and the matter was referred to the State Bar for hearing, report and recommendation as to appropriate discipline. Following a hearing, the State Bar hearing panel unanimously recommended that petitioner be disbarred. The hearing panel expressly found that petitioner had failed to show sufficient mitigating circumstances, and that insufficient time had passed to disclose the extent of petitioner’s remorse or rehabilitation. Thereafter, the hearing panel denied petitioner’s request for reconsideration, and the State Bar review department unanimously adopted the disbarment recommendation.

In 1978 petitioner committed six robberies of savings and loan associations in the Los Angeles area over a period of two and one-half months. In committing these robberies, petitioner used a small toy pistol and, to facilitate his escape from the crime scenes, he removed his own license plates and replaced them with other plates. The hearing panel found that petitioner’s crimes were motivated by a desire for money, and that his acts were done voluntarily and knowingly. Petitioner admits the truth of the foregoing findings. The panel further found, on the basis of psychiatric and other testimony, that although petitioner needs “long-term intensive psychotherapy,” he is not presently receiving such therapy, and accordingly cannot be trusted to withstand the pressures of law practice.

Contending that he has been rehabilitated, petitioner points to the testimony from his therapist and his probation officer suggesting that [315]while he was suicidal and emotionally disturbed at the time of his offenses, he has now resolved his emotional problems. Petitioner also cites letters from persons, including former employers and the trial judge who presided over his criminal case, expressing their collective opinion that petitioner has now changed and will not repeat his criminal conduct.