Newton v. State Bar

Opinion

THE COURT.* We review the recommendation of the State Bar Court that petitioner Leonard A. Newton be disciplined for wilful failure to communicate with clients and failure to perform services for which he was retained. The review department has recommended that we suspend Newton from the prac[482]tice of law for five years, but stay execution, placing him on probation for that period. Recommended conditions of probation include one year of actual suspension and a requirement that Newton obtain psychiatric or psychological help within 45 days of our order. The review department has further recommended that Newton report quarterly to the State Bar that he is continuing to seek such help, unless the psychiatrist or psychologist determines that it is no longer needed. Resumption of practice after the one-year suspension is, however, not contingent on progress in the psychiatric treatment.

Although the allegations against Newton appear to be supported by the evidence, we conclude that the State Bar has proceeded incorrectly and order that it should initiate proceedings under Business and Professions Code section 6007, subdivision (b), to determine whether Newton, because of mental illness or infirmity, is “unable or habitually fails to perform his duties or undertakings competently” or is “unable to practice law without danger to the interests of his clients and the public.”

I

Newton was admitted on December 22, 1974, and practiced initially with another attorney in Van Nuys. He later moved to Santa Maria and started his own practice.

On August 25, 1978, the State Bar investigation committee issued a notice to show cause citing 10 counts of allegedly wilful failure to contact clients and perform services. Hearings were held on March 27, 1979, May 5, 1979, May 25, 1979, and May 26, 1979, before a three-member panel. The panel dismissed four counts but found Newton culpable on the remaining six. The panel’s findings of fact pertaining to those six counts are not directly relevant to our determination and have therefore been omitted.

On January 10, 1980, the review department abated this proceeding and recommended that the department of trial counsel investigate Newton’s mental state pursuant to Business and Professions Code section 6007, subdivision (b).1 A referee of the State Bar Court investigation department conducted an inquiry