In the Matter of Downey: Case Summary

Facts:

Attorney Stephen C. Downey, experienced in unlawful detainer actions, was hired by the Rosenbergs to evict a tenant. On July 11, 2005, the Rosenbergs contacted Downey’s office requesting the filing of an unlawful detainer complaint. Downey’s staff was unable to reach the Rosenbergs to sign the verification for the complaint. Downey, without taking further steps to confirm their location, signed the verification on their behalf, stating they were “absent from the county” under penalty of perjury. In fact, the Rosenbergs were in Los Angeles County on that day.

Procedural History:

The State Bar initiated disciplinary proceedings against Downey. Following a hearing, the hearing judge recommended a public reproval. Both the State Bar and Downey sought review of this decision. Filed October 20, 2009; as modified October 21, 2009, The Review Department then heard this case. This case occurred following a separate case in which Downey was reprimanded.

Rules Broken:

• Business and Professions Code Section 6106: Committing an act involving moral turpitude by gross neglect in executing and filing a false verification under penalty of perjury.
• Business and Professions Code Section 6068(j): Failing to maintain a current address with the State Bar within 30 days of a change, as required by § 6002.1, subd. (a).

Defenses Used:

Downey argued that he did not engage in moral turpitude, characterizing his actions as merely “hasty” or “negligent.” He claimed he reasonably believed the Rosenbergs were out of the county, as he could not reach them by phone. He also contended that he was unduly constrained by using a standard, pre-printed form verification provided by the Judicial Council.

Holding/Punishment:

The Review Department upheld the hearing judge’s finding that Downey was culpable of both counts. It found that Downey’s gross negligence in signing the false verification constituted moral turpitude. The department also found more aggravating factors than the hearing judge, including Downey’s prior record of discipline and dishonesty/concealment following the incident. While noting Downey’s cooperation and character references, the Review Department ultimately recommended a 150-day actual suspension. Furthermore, his sentence would be increased, as compared to the prior case.