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jurisdictionattorneyhearing
jurisdictionattorneyhearinghabeas corpuswilldeportationrespondent

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In re Gadda, Not Reported in Cal.Rptr.2d, 2002 WL 31012596, 4 Cal. State Bar Ct. Rptr. 416, 2002 Daily Journal D.A.R. 10,063

Facts

Miguel Gadda, an attorney since 1975, faced disciplinary action for misconduct occurring between 1994 and 1999, including failing to competently represent clients, not refunding unearned fees, and mishandling client funds. He had a significant caseload, often missing court appearances and leaving clients unrepresented. Gadda was previously disciplined in 1990 for similar issues, and the State Bar filed multiple Notices of Disciplinary Charges against him, leading to a hearing and the recommendation for disbarment.

Respondent came to the United States as an immigrant, and upon becoming an attorney admitted to practice law in California, he set up an immigration practice. By the year 1996, he had 500 to 600 active cases and was working Mondays through Saturdays. He maintained approximately this case load through the year 2000.

Issue

The main legal issues were whether Gadda's actions constituted violations of the Rules of Professional Conduct and whether the State Bar had jurisdiction to discipline him for conduct related to federal and immigration courts.

Respondent initially challenges this court's jurisdiction to discipline him for his conduct in federal and immigration courts, asserting that attorney conduct standards regarding practice before such courts, as well as discipline for a breach of any such standards, is within the exclusive jurisdiction of the federal government.

Rule

The court applied rules regarding attorney competence, communication with clients, and the requirement to refund unearned fees, as well as the inherent power of the State Bar to discipline attorneys licensed in California.

The Supreme Court of California has the inherent power to discipline attorneys licensed to practice in the State of California. (In re Paguirigan (2001) 25 Cal.4th 1, 7, 104 Cal.Rptr.2d 402, 17 P.3d 758; Obrien v. Jones (2000) 23 Cal.4th 40, 48, 96 Cal.Rptr.2d 205, 999 P.2d 95; In re Attorney Discipline System (1998) 19 Cal.4th 582, 592–593, 79 Cal.Rptr.2d 836, 967 P.2d 49; accord, § 6100.)

Analysis

The court found that Gadda's repeated failures to perform legal services competently and his lack of communication with clients demonstrated a disregard for the standards of the legal profession. Despite Gadda's claims regarding jurisdiction over federal court conduct, the court concluded that the State Bar had the authority to discipline him for actions that reflected on his integrity and fitness as an attorney.

Upon our independent review of the record, including the stipulation of facts, we conclude that, as to this matter, respondent is culpable of the two charged counts of recklessly and repeatedly failing to perform legal services with competence in willful violation of rule 3–110(A). We conclude that respondent performed legal services incompetently: (1) by leaving the children alone, unrepresented, in the middle of a hearing before an immigration officer and advising them to sign a voluntary departure form; (2) by failing to advise the Saba children to depart voluntarily on or before September 6, 1996; (3) by failing to move to reopen deportation proceedings until September 6, 1996; (4) by failing to file a petition for review with the Ninth Circuit; (5) by failing to file for adjustment of status for the children within a reasonable time after Mrs. Saba became a naturalized citizen on June 18, 1996, and instead filing for adjustment of status on the children's last day to depart voluntarily, approximately three months later; and (6) by failing to supervise Gardner in filing a petition for writ of habeas corpus.

Conclusion

The court upheld the recommendation for Gadda's disbarment, emphasizing the need to protect the public and maintain the integrity of the legal profession.

We conclude that this holding should be extended to attorneys practicing before federal agencies such as the BIA, the immigration courts, and the INS.

Who won?

The State Bar prevailed in this case, as the court agreed with the recommendation for disbarment based on Gadda's repeated misconduct and failure to adhere to professional standards.

The hearing judge determined that the State Bar proved by clear and convincing evidence that respondent willfully committed all of the charged acts of misconduct.

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