Kapelus v. State Bar

KLINE (J. Anthony), J.*

I concur in the judgment ordering disbarment but dissent with respect to the standard of review.

My conclusion that petitioner should be disbarred rests primarily upon the fact that he has suffered two prior impositions of discipline. Standards recently promulgated by the State Bar prescribe disbarment in such circumstances, unless “the most compelling mitigating circumstances clearly predominate.” (Rules Proc. of State Bar, div. V, Standards for Atty. Sanctions for Prof. Misconduct (eff. Jan. 1, 1986) std. 1.7(b).)1 This court has deemed that sanction applicable even…