In the Matter of Field: Case Summary

Facts:

Benjamin Field, a former prosecutor for Santa Clara County, engaged in misconduct across four criminal cases. This included violating a court order regarding a dental exam for a minor, intentionally withholding a witness’s statement in a habeas corpus proceeding, and making improper closing arguments in a sexually violent predator case.

Procedural History:

The State Bar filed two separate Notices of Disciplinary Charges. A hearing judge found Field culpable of various violations and recommended a four-year actual suspension. Field sought review, arguing for exoneration. The State Bar asked for the recommendation to be upheld.

Rules Broken:

• Business and Professions Code Section 6103: Failure to obey a court order.
• Business and Professions Code Section 6068(a): Failure to support the Constitution and laws.
• Business and Professions Code Section 6068(b): Failure to maintain respect for courts and judicial officers.
• Business and Professions Code Section 6106: Acts involving moral turpitude, dishonesty, or corruption (including suppression of evidence and misrepresentations).
• Rules of Professional Conduct, Rule 3-110(A): Failure to perform with competence.

Defenses Used:

Field argued that he did not violate court orders, that his conduct was protected, and that certain procedural irregularities occurred during the disciplinary proceedings. He also presented extensive mitigating evidence of good character and pro bono work.

Holding/Punishment:

The Review Department upheld the hearing judge’s culpability findings and the recommendation of a four-year actual suspension from the practice of law, along with a five-year stayed suspension and a five-year probation period. Reinstatement required proof of rehabilitation, fitness, and learning/ability in the law.