In Re Morales

Petitioner Frank C. Morales was admitted to the practice of law in California on June 10, 1959. In March 1979, he was privately reproved for gross negligence in failing to keep complete records of clients’ trust funds, and failing to maintain sufficient funds in one such account to honor a check issued for medical services rendered to a client. The present disciplinary proceedings result from his conviction of 27 misdemeanor offenses involving the failure to withhold or pay certain payroll taxes and unemployment insurance contributions. (See Rev. & Tax. Code, § 19409; Unemp. Ins. Code, §§ 2108, 2110, 2110.5.) The State Bar recommends that petitioner be suspended from the practice of law for a period of 18 months, that execution of the suspension order be stayed, and that petitioner be placed on probation for 18 months, upon specified conditions, including compliance with the statutes he violated.

Petitioner contends that he is not guilty of moral turpitude, that the State Bar’s hearing panel was not legally constituted, and that the panel’s findings are vague and ambiguous. We conclude that the State Bar’s findings are properly supported and warrant the relatively minor…

I concur in the majority’s conclusion that the discipline recommended by the State Bar, supplemented by a requirement of restitution, *9 is appropriate. However, I would specify the nature of the misconduct which subjects an attorney to discipline.

As the majority concede, this court has not resolved the legal question as to what conduct short of moral turpitude constitutes grounds for discipline. (Maj. opn., ante, at p. 5; see In re Rohan (1978) 21 Cal.3d 195 [ 145 Cal.Rptr. 855 , 578 P.2d 102 ].) The six judges who participated in Rohan wrote three opinions. Each opinion proposed a different standard of attorney misconduct which would warrant discipline. Each proposed standard had the support of two justices. No one standard commanded a majority, or even a plurality, of this court.

This case presents the precise question which was left unanswered in Rohan , and we should take this opportunity to clarify the type of misconduct which warrants discipline. Members of the State Bar must be given a meaningful definition of what misconduct will warrant discipline.

In In re Fahey (1973) 8 Cal.3d 842 [ 106 Cal.Rptr. 313 , 505 P.2d 1369 , 63 A.L.R.3d 465 ], this court unanimously…

THE COURT.

Petitioner Frank C. Morales was admitted to the practice of law in California on June 10, 1959. In March 1979, he was privately reproved for gross negligence in failing to keep complete records of clients' trust funds, and failing to maintain sufficient funds in one such account to honor a check issued for medical services rendered to a client. The present disciplinary proceedings result from his conviction of 27 misdemeanor offenses involving the failure to withhold or pay certain payroll taxes and unemployment insurance contributions. (See Rev. & Tax. Code, § 19409; Unemp. Ins. Code, §§ 2108, 2110, 2110.5.) The State Bar recommends that petitioner be suspended from the practice of law for a period of 18 months, that execution of the suspension order be stayed, and that petitioner be placed on probation for 18 months, upon specified conditions, including compliance with the statutes he violated.

Petitioner contends that he is not guilty of moral turpitude, that the State Bar's hearing panel was not legally constituted, and that the panel's findings are vague and ambiguous. We conclude that the State Bar's findings are properly supported and warrant the…