In the Matter of Elkins: Case Summary

Facts:

Attorney John William Elkins sent 53 threatening and abusive voicemail messages to the successor administrator of his father’s estate, the administrator’s attorney, and the ex officio judge overseeing the estate. This occurred after Elkins was removed as co-executor.

Procedural History:

The State Bar filed charges. A hearing judge found Elkins culpable of multiple violations and recommended a 90-day actual suspension. Elkins appealed to the Review Department.

Rules Broken:

• Business and Professions Code Section 6106: Acts of moral turpitude for sending threatening voicemail messages.
• Rules of Professional Conduct, Rule 5-100(A): Threatening to present criminal, administrative, or disciplinary charges to gain advantage in a civil dispute.
• Business and Professions Code Section 6068(b): Showing disrespect to courts and judicial officers by falsely accusing a judge of taking a bribe.
• Business and Professions Code Section 6068(j): Failing to update his membership address with the State Bar.

Defenses Used:

Elkins argued:

• His conduct did not involve moral turpitude.
• His communications were protected by the First Amendment.
• He was acting in a personal, not professional, capacity.
• Jurisdictional challenge to the proceedings due to undue delay by the hearing judge.

Holding/Punishment:

The Review Department upheld the hearing judge’s culpability determinations and the recommended discipline: a 90-day actual suspension from the practice of law.