In re Effenbeck

Phillip James Effenbeck, admitted to practice in 1977, was convicted on an indictment charging him with making a false statement to a governmental agency ( 18 U.S.C. § 1001 ). The indictment charged that he “knowingly and willfully made a false, fictitious and fraudulent statement and representation as to material facts” to agents of the United States Customs Service. The federal court suspended imposition of a one-year sentence and placed him on probation for three years on the condition he serve thirty days in jail.

In 1983, we placed Effenback on interim suspension and ordered him to comply with rule 955, California Rules of Court. In 1984, after the judgment became final, we referred the matter to the State Bar for a hearing, report, and recommendation as to whether the circumstances surrounding the offense involved moral turpitude or other misconduct warranting discipline and, if so found, the discipline to be imposed. The order was subsequently augmented to include pertinent issues relating to Effenbeck’s failure to comply with rule 955. The State Bar consolidated the conviction matter and rule 955 proceeding.

The State Bar’s report has now been filed. The hearing…