In the Matter of John Henry Hunter (1994)
Overview
This decision addresses the standards governing disciplinary probation revocation, particularly willful failure to make restitution and failure to file required probation reports. The Review Department affirmed revocation of probation and imposed the entire one-year previously stayed suspension, emphasizing that probation conditions are mandatory and not optional, even where an attorney faces personal or financial hardship.
Underlying Discipline
John Henry Hunter was admitted to the California Bar in 1976. In 1991, the California Supreme Court approved a stipulated discipline imposing a one-year suspension, stayed, with three years of probation and 30 days of actual suspension. The underlying misconduct involved mishandling settlement funds owed to medical lienholders, though the parties expressly stipulated that there was insufficient evidence of dishonesty under Business and Professions Code section 6106.
As part of probation, respondent was required to make restitution totaling $1,766.50 to medical lien claimants by specified dates and to file timely quarterly probation reports certifying compliance with the State Bar Act and Rules of Professional Conduct.
Facts Leading to Revocation
Respondent failed to make any restitution payments to Professional Lien Services ($1,166.50) and did not timely file his first quarterly probation report due October 10, 1991. When he eventually submitted a report after a notice to show cause issued, the report was deficient because it was not signed under penalty of perjury and failed to certify compliance with probation conditions.
Respondent did not submit a complete, compliant probation report until late January 1992—more than three months after it was due. He also failed to set aside funds for restitution despite having been gainfully employed when the first restitution payment became due and failed to pursue reasonable alternatives such as holding funds in trust while locating the lienholder.
Charges
- Bus. & Prof. Code § 6093(b) — Violation of disciplinary probation
- Bus. & Prof. Code § 6068(k) — Failure to comply with professional obligations
- Bus. & Prof. Code § 6103 — Failure to obey court orders (probation conditions)
Defenses
Respondent argued that his probation violations were not willful, citing eviction, unemployment, family difficulties, and difficulty locating the lienholder. He also asserted selective prosecution and procedural defects, including claims that the State Bar misled him and acted too quickly in issuing a notice to show cause.
The Review Department rejected these arguments. It held that probation conditions were clear, that respondent failed to take reasonable steps to comply, and that hardship does not excuse complete noncompliance where partial compliance was feasible.
Aggravating and Mitigating Factors
- Aggravation: Prior discipline; failure to make meaningful restitution efforts; defective probation reports even after notice; failure to comply with pretrial procedures; indifference to probation obligations.
- Mitigation: Emotional and family difficulties (given limited weight); character evidence discounted due to close personal relationships and lack of familiarity with charges.
Outcome
The Review Department revoked probation and set aside the stay on the previously imposed one-year suspension. Respondent was ordered actually suspended for one year, with the suspension to continue until full restitution (principal and interest) was paid.
If the actual suspension lasted two years or more, respondent would also be required to demonstrate rehabilitation and fitness to practice under standard 1.4(c)(ii). The court declined to require another professional responsibility examination because respondent had already passed one.
Sanctions Table
| Violation | Finding | Discipline |
|---|---|---|
| Failure to File Probation Reports | Willful | Probation revoked |
| Failure to Make Restitution | Willful | 1-year actual suspension |
| Procedural Objections | Rejected | No reduction in discipline |
Facing Probation Revocation or Restitution Issues?
Probation violations—especially restitution and reporting failures—frequently result in loss of a stayed suspension and lengthy actual suspension. If you are under State Bar investigation or facing probation revocation, contact East Bay Law P.C. for experienced California State Bar defense representation.