In the Matter of Thomas R. Kizer (Review Dept. 1990) 1 Cal. State Bar Ct. Rptr. 87

Court: State Bar Court of California, Review Department | Date: June 19, 1990 | Panel: Stovitz, J.; Pearlman, P.J.; Norian, J.

Charges Brought Against Respondent

Attorney Thomas R. Kizer was charged with serious fiduciary violations arising from his handling of a personal injury settlement for the Ses family. After receiving settlement funds totaling $11,250, Kizer withheld $2,200 to pay the treating physician, Dr. Emmanuel Taylan, but failed to keep those funds in trust and did not pay $1,180 owed. His client trust account balance later dropped below zero while the doctor remained unpaid. Kizer also misrepresented to his clients that the medical bills had been satisfied and failed to cooperate with the State Bar’s investigation. The hearing referee recommended disbarment.

Defenses and Proceedings

The case proceeded by default after Kizer failed to respond to the Notice to Show Cause. Proper notice was served to his official State Bar address. The record included declarations from clients and the physician’s office, along with trust account statements showing misuse of funds. A State Bar investigator also testified that Kizer ignored multiple letters seeking a response to disciplinary inquiries.

Findings

The Review Department independently reviewed the record and made detailed findings. It held that Kizer failed to maintain and properly disburse client funds in violation of former Rules 8-101(A) and 8-101(B)(4); misappropriated trust funds in violation of Business & Professions Code section 6106 (moral turpitude); misrepresented to clients that bills were paid, also under section 6106; and failed to cooperate with the Bar, violating section 6068(i). The Department declined to find violations of sections 6068(a) and 6103 due to recent Supreme Court precedent narrowing their scope.

Mitigation and Aggravation

Mitigation: None. Kizer did not participate in the proceeding or present any evidence of rehabilitation or remorse.

Aggravation: The Review Department emphasized Kizer’s prior discipline. In December 1988, the Supreme Court had already suspended Kizer for misconduct in twelve client-funds cases totaling over $33,000 in unremitted funds, imposing a five-year stayed suspension with two years of actual suspension. Additional aggravation included multiple acts of wrongdoing, failure to make restitution, and noncooperation in this proceeding. The court found that the present matter was more serious than his earlier misconduct because it involved intentional deceit and actual misappropriation.

Outcome

The Review Department recommended disbarment. It found that Kizer’s continued misappropriation, dishonesty, and noncooperation—after already receiving a serious prior suspension—demonstrated unfitness to practice law. He was ordered to comply with Rule 955 (now Rule 9.20) if his prior suspension ended before the Supreme Court’s final action. The Department concluded that only disbarment would adequately protect the public and preserve confidence in the profession.

Sanctions Table