In re Stuart K. Lesansky, on Discipline

Summary

The Supreme Court of California held that an attorney may be summarily disbarred under Business and Professions Code section 6102, subdivision (c), for a felony involving moral turpitude even when the offense was private and unrelated to the practice of law or a client. The court concluded that attempting to commit a lewd act on a child necessarily involved moral turpitude and demonstrated unfitness to practice law. The court ordered Stuart K. Lesansky disbarred and his name stricken from the roll of attorneys.

Holdings

1. A felony involving moral turpitude may support summary disbarment even when the conduct was committed in a private setting, was unrelated to the practice of law, and did not involve a client, so long as the conduct has a logical relationship to the attorney's fitness to practice.
2. Attempting to commit a lewd or lascivious act on a child who is substantially younger than the perpetrator necessarily involves moral turpitude for purposes of attorney discipline.
3. Neither the fact that the conviction was for an attempt nor the absence of proof that a child was actually harmed prevents the conduct from necessarily involving moral turpitude or warrants against summary disbarment.

Questions Presented

1. Whether Business and Professions Code section 6102, subdivision (c), authorizes summary disbarment for a felony involving moral turpitude when the criminal conduct is private, unrelated to a client, and outside the practice of law.
2. Whether an attempted lewd act on a child necessarily involves moral turpitude for purposes of attorney discipline.
3. Whether the absence of actual child harm or the fact that the conviction was for an attempt precludes a finding of moral turpitude and summary disbarment.

Disposition

other