Silva-Vidor

*1073 Opinion

We review the recommendation of the majority of the Review Department of the State Bar Court (review department) that petitioner Barbara Jean Silva-Vidor be suspended for five years, that the order of suspension be stayed, and that she be placed on probation for five years subject to certain conditions. Recommended conditions of probation include actual suspension from the practice of law for two years.

Silva-Vidor’s only contention is that the two-year actual suspension recommended by the review department is too harsh, given the mitigating circumstances. She argues that 30 days’ actual suspension, as was recommended by the hearing referee, would be more appropriate. We conclude that 30 days’ actual suspension is inadequate in light of the seriousness of Silva-Vidor’s misconduct. On the other hand, the review department’s recommendation of two years’ actual suspension is unnecessarily harsh given the significant mitigating circumstances. Consequently, we impose a one-year actual suspension.

Facts

Barbara Jean Silva-Vidor was admitted to the State Bar on May 31, 1979, and currently practices law in Los Angeles. She entered into a stipulation regarding the facts…

I agree that multiple acts of misconduct, such as petitioner committed, should subject her to discipline, including some period of actual suspension from the practice of law. I also agree that in view of the pathetic record of tragedy, adversity and mishap that petitioner produced in mitigation, the State Bar Review Department’s recommendation that we actually suspend petitioner for two years is excessive. The court reduces the period of actual suspension to one year; I would go further in reducing this period.

The referee heard and observed petitioner testify about her struggle to overcome her underprivileged background, the strain and collapse of her marriage with a substance abuser who failed to provide support for their children, the disruption of her professional association, her financial difficulties, her physical injuries, her emotional collapse, and the tragedy of the birth of her handicapped child. The referee heard the evidence of petitioner’s recovery from her mental illness, and her competent contribution to society as a legal aid attorney. All this evidence persuaded the referee that, despite the record of misconduct, a 30-day actual suspension would adequately…