In the Matter of Kevin P. Kirwan (1994)

Overview

This case addresses the standards governing reinstatement after resignation with charges pending, focusing on moral rehabilitation, sustained exemplary conduct, and recovery from alcoholism. Although the Review Department found that petitioner Kevin P. Kirwan demonstrated moral reform, it concluded that the record was insufficient to establish recovery from alcoholism and depression, and remanded the matter for further proceedings.

Facts

Kirwan was admitted to the California Bar in 1964. In the late 1970s and early 1980s, he became involved in corrupt activities surrounding the operation of a card casino in the City of Bell. As part of that scheme, Kirwan falsely held interests for public officials who were legally prohibited from owning them, committed perjury in municipal licensing proceedings and civil litigation, and later lied to federal investigators before ultimately cooperating.

In 1984, Kirwan was indicted on federal charges and ultimately pled guilty to aiding and abetting mail fraud, a crime involving moral turpitude. He was sentenced to probation and later resigned from the State Bar with charges pending. Although his conviction was later set aside by coram nobis relief following McNally v. United States, Kirwan conceded the underlying misconduct.

After his conviction, Kirwan ceased all dishonest conduct and cooperated extensively with federal authorities, including testifying against co-defendants. From 1985 onward, he maintained steady, responsible employment in automotive sales management, energy contracting, construction management, and legal support roles. Multiple witnesses testified to his integrity, diligence, and professional conduct over an extended period.

Kirwan also acknowledged a long-standing history of alcoholism that predated and accompanied his criminal conduct. He testified that he had abstained from alcohol since July 1985, relying solely on self-discipline and limited participation in Alcoholics Anonymous, without sustained involvement in any formal treatment or recovery program.

Issues on Review

Findings

The Review Department rejected the hearing judge’s reliance on Kirwan’s cessation of community service and his operation of a lawful hot tub business with a paroled individual, noting that the arrangement was approved by probation and parole authorities and involved no evidence of illegal or immoral conduct.

Based on more than eight years of responsible employment, favorable character testimony, and clear remorse and acceptance of responsibility, the Review Department concluded that Kirwan had demonstrated moral reform from the misconduct that led to his resignation.

However, the court agreed with the hearing judge that Kirwan failed to carry his heavy burden of proving recovery from alcoholism. His showing relied almost entirely on self-administered abstinence and lay testimony, without medical or expert evidence establishing prognosis or adequacy of recovery. A psychiatrist’s post-hearing report raised additional concerns regarding untreated depression and the need for structured treatment.

Outcome

The Review Department declined to recommend reinstatement at that time and remanded the matter for further proceedings focused on Kirwan’s recovery from alcoholism and depression. The court also declined to recommend conditional reinstatement, concluding that recovery from impairment was too central an issue to be addressed conditionally.

Sanctions / Disposition Table