In the Matter of Jackson
(Review Dept. 2003) 4 Cal. State Bar Ct. Rptr. 610
Overview
This case addresses whether a felony “wobbler” conviction that is reduced to a misdemeanor at sentencing under Penal Code section 17(b) remains a felony for State Bar disciplinary purposes. The Review Department held that under Business and Professions Code sections 6101 and 6102, the conviction remains a felony for State Bar purposes, even if reduced to a misdemeanor at sentencing or upon imposition of probation.
Facts
Jasmin Banks Jackson was admitted to practice law in December 1996. In November 2000, she was charged by felony complaint in San Bernardino County with assault with a deadly weapon or by means likely to produce great bodily harm in violation of Penal Code section 245(a)(1).
After a preliminary hearing, she was held to answer. On June 11, 2002, the first day of trial, she entered a plea of nolo contendere to the felony charge. The superior court expressly advised that she was pleading to a felony, though the judge indicated he might later reduce the offense to a misdemeanor at sentencing.
On June 17, 2002, at sentencing, the court reduced the offense to a misdemeanor under Penal Code section 17(b) and granted summary probation.
The State Bar filed a certified copy of conviction. The Review Department initially imposed interim suspension based on the felony conviction. The hearing judge later ruled that the conviction was a misdemeanor for State Bar purposes. The State Bar sought interlocutory review.
Issue
Does a felony wobbler conviction that is reduced to a misdemeanor at sentencing remain a felony for purposes of State Bar disciplinary proceedings?
Holding
Yes. Under Business and Professions Code section 6102(b), when an attorney pleads guilty or nolo contendere to a felony wobbler that was charged and declared as a felony, the conviction remains a felony for State Bar Act purposes, even if later reduced to a misdemeanor under Penal Code section 17(b).
Court’s Reasoning
1. Conviction Occurs at Plea
Under Business and Professions Code section 6101(e), an attorney is “convicted” when the plea of guilty or nolo contendere is entered. Jackson pled to a felony charge.
2. State Bar Act Controls Over Criminal Reclassification
Business and Professions Code section 6102(b) specifically provides that when an attorney pleads to a felony wobbler that is later reduced to a misdemeanor under Penal Code section 17(b), the conviction remains a felony for State Bar purposes.
3. Grade of Crime Matters for Interim Suspension and Summary Disbarment
The grade of the offense determines eligibility for interim suspension and summary disbarment. These determinations are reserved to the Review Department, not the Hearing Department.
4. Not All Wobblers Become Felonies
The court clarified that if the plea or verdict itself is to a misdemeanor charge — including a felony reduced to a misdemeanor at the time of plea — then it is treated as a misdemeanor. That did not occur here.
Procedural Disposition & Sanctions Status
| Category | Details |
|---|---|
| Underlying Criminal Offense | Penal Code § 245(a)(1) – Assault with a deadly weapon |
| Plea | Nolo contendere to felony charge |
| Criminal Court Action | Reduced to misdemeanor at sentencing under PC § 17(b); summary probation granted |
| State Bar Classification | Remains a felony for State Bar Act purposes |
| Interim Suspension | Initially imposed based on felony conviction |
| Hearing Judge Ruling | Found misdemeanor status (reversed) |
| Review Dept. Ruling | Reversed hearing judge; confirmed felony classification |
| Final Discipline | Conviction proceeding to resume; moral turpitude and discipline to be determined |
Significance
Jackson clarifies that the State Bar Act independently defines the consequences of criminal convictions for attorney discipline. Even when a criminal court reduces a felony wobbler to a misdemeanor, the conviction remains a felony for State Bar purposes if the plea was to a felony.
The decision reinforces the Legislature’s intent that the regulatory consequences of criminal convictions in attorney discipline are not controlled by later criminal court reductions under Penal Code section 17(b).