Overview

This default case arose from Carver’s failure to comply with conditions of a prior public reproval that followed misdemeanor convictions for driving without a license and resisting an officer. After Carver failed to answer a Notice of Disciplinary Charges, the hearing judge entered default, ordered involuntary inactive enrollment, and—under the 2011 default rules—granted the Office of Chief Trial Counsel’s petition for disbarment. On interlocutory review, the Review Department held that the judge had discretion to consider appropriate relief when a response to a disbarment petition is filed, remanded, and ultimately imposed a substantially lesser discipline.

Key Facts

• Prior discipline & conditions (2011): Public reproval required (1) contacting probation within 30 days, (2) quarterly reports, and (3) confirmation of compliance with criminal-probation terms. Carver missed these requirements.
• Service & default: The NDC and default papers were properly served at his official bar address; actual receipt is not required in disciplinary proceedings. Carver later acknowledged actual notice.
• Limited relief on remand: Facts in the NDC were deemed admitted; a limited hearing on culpability, aggravation, mitigation, and discipline proceeded without Carver’s participation (consistent with default rules).

Violations & Findings

• Rule 1-110 (Reproval Conditions): Clear and convincing evidence established that Carver violated reproval conditions by failing to timely meet with probation, submit quarterly reports, and certify criminal-probation compliance.

Aggravation & Mitigation

Disciplinary Analysis

Applying Standard 2.10 (violations of discipline conditions), the Review Department concluded that a 90-day actual suspension with a two-year stayed suspension and two years of probation best protected the public. A two-year actual suspension was deemed excessive compared to similar cases imposing 60–365 days for failure to comply with reproval or probation conditions. The court also held that time spent on involuntary inactive enrollment under §6007(e) does not credit toward actual suspension.

Jurisdiction & Procedural Rulings

• Service/Jurisdiction: Mailing to the official State Bar address satisfies service; actual notice is not required.
• Due Process: Limiting participation after default and deeming NDC facts admitted were proper; any objections were waived by allowing default.
• Rule 5.85 Clarification: Disbarment is not automatically mandated once a member responds to a disbarment petition; the hearing judge retains discretion to fashion appropriate relief.

Disposition

• Stayed Suspension: Two years.
• Actual Suspension: 90 days minimum, with standard probation conditions (quarterly reports, Ethics School, MPRE, compliance meetings, and responses to Probation). No Rule 9.20 order.
• Costs: Awarded under §6086.10, enforceable under §6140.7.

Sanctions Table