Former Defense Attorney,Todd Macaluso *Merged*

[ZsaZsa]

Where does Baez find these people anyway?

Is there a directory of unethical and on the edge of disbarrment lawyers somewhere?

Maybe the directory is called "Will Work For Free - Lawyers with Tarnished Reputations".

Actually there might also be the same directory for Media Spokespersons too.

Don't you have to be in a club or something to have contacts for as many greasy people as Baez seems to have? The "I'm a Sleezball, Too Club" or "Bad Lawyers Anonymous".

A club! Good idea. If it took you 8 years for the Florida Bar to finally relent and allow you to practise law, look no further- you have company,you can join the Club, just remember the Hollywood mantra, there is no such thing as bad publicity..

 

[Hell's Belle]

Here's the definition of "ordered inactive" (from the CA Bar Court website):

"INVOLUNTARY INACTIVE ENROLLMENT
Attorney is enrolled as an inactive member of the State Bar pursuant to Business & Professions Code §6007 and is ineligible to practice law pending further order. Involuntary inactive enrollment is not discipline, but rather a regulatory procedure."

If the only jdx where he is admitted to practice law is California (which seems to be the case), once he loses his ability to practice in CA, his pro hac vice admission in FL goes out the window as well.

 

[amethyst221]

I found this re: B & P 6233

http://law.onecle.com/california/business/6233.html

[/B] California Business And Professions Code Section 6233

An attorney entering the diversion and assistance program
pursuant to subdivision (b) of Section 6232 may be enrolled as an
inactive member of the State Bar and not be entitled to practice law,
or may be required to agree to various practice restrictions,
including, where appropriate, restrictions on scope of practice and
monetary accounting procedures.

These provisions offer some more information about how this works. Don't know the specifics of this case, but in general, one may have to be inactive and unable to practice law while completing the program, or restricted in certain activities while still practicing. Once the program is successfully completed, there could still be "discipline," like suspension, which the statute mentions. Time spent inactive apparently may be credited against that, sort of like time served. There are other disciplines, though, like reprimands, etc., whatever is imposed in a particular case.

 

[steadychick]

Here's the definition of "ordered inactive" (from the CA Bar Court website):

"INVOLUNTARY INACTIVE ENROLLMENT
Attorney is enrolled as an inactive member of the State Bar pursuant to Business & Professions Code §6007 and is ineligible to practice law pending further order. Involuntary inactive enrollment is not discipline, but rather a regulatory procedure."

If the only jdx where he is admitted to practice law is California (which seems to be the case), once he loses his ability to practice in CA, his pro hac vice admission in FL goes out the window as well.

Seems strange that the local media hasn't jumped on this news already. Maybe it will be reported today -- KB, where are you????

 

[Hell's Belle]

These provisions offer some more information about how this works. Don't know the specifics of this case, but in general, one may have to be inactive and unable to practice law while completing the program, or restricted in certain activities while still practicing. Once the program is successfully completed, there could still be "discipline," like suspension, which the statute mentions. Time spent inactive apparently may be credited against that, sort of like time served. There are other disciplines, though, like reprimands, etc., whatever is imposed in a particular case.

The Bar Court has some discretion *in general* as to whether to make an attorney inactive, or permit him/her to practice with restrictions. In Macaluso's *particular* case, it is clear that he will be "deactivated" as of 4/26 while he participates in his diversion program (which is for attorneys with substance abuse or mental illness issues).

If you look at the docket sheet in his case, the following two entries are of particular interest:

02/08/2010 Hearing Order TRANSFER INACTIVE B&P 6233 EFFECTIVE DATE: 04/26/2010
02/08/2010 Hearing Stipulation APPROVED BY COURT
The "hearing stipulation" here is the basis for the order. What I interpret this to mean is that, either in lieu of a contested hearing or after, Bar counsel and Macaluso's counsel reached an agreement about the facts of Macaluso's case, and those agreed facts served as a basis for the order transferring Macaluso to inactive status as of 4/26/2010.

I believe--I will check on this--Macaluso has an affirmative obligation to report his change in status to Florida because it affects his pro vac vice status.

ETA: Rule 1-3.10 of the Rules Regulating the Florida Bar (http://www.floridabar.org/DIVEXE/RRTFB.nsf/FV/7D7FFB2F8EA1CD0885256BBC005AEA99 )says, in pertinent part:

(b) Lawyer Prohibited From Appearing. No lawyer is authorized to appear pursuant to this rule or the applicable portions of the Florida Rules of Judicial Administration if the lawyer:

• (1) is disbarred or suspended from practice in any jurisdiction; <snipped>
  
  I suppose he could make the argument that "inactive" is not the same thing as "suspended," but I don't think that would fly. As of 4/26/2010, Macaluso is not authorized to appear in Florida courts.
  
  

 

[amethyst221]

The Bar Court has some discretion *in general* as to whether to make an attorney inactive, or permit him/her to practice with restrictions. In Macaluso's *particular* case, it is clear that he will be "deactivated" as of 4/26 while he participates in his diversion program (which is for attorneys with substance abuse or mental illness issues).

If you look at the docket sheet in his case, the following two entries are of particular interest:

02/08/2010 Hearing Order TRANSFER INACTIVE B&P 6233 EFFECTIVE DATE: 04/26/2010
02/08/2010 Hearing Stipulation APPROVED BY COURT
The "hearing stipulation" here is the basis for the order. What I interpret this to mean is that, either in lieu of a contested hearing or after, Bar counsel and Macaluso's counsel reached an agreement about the facts of Macaluso's case, and those agreed facts served as a basis for the order transferring Macaluso to inactive status as of 4/26/2010.

I believe--I will check on this--Macaluso has an affirmative obligation to report his change in status to Florida because it affects his pro vac vice status.

That's how I read all the information so far, too: that the stipulation is the quid pro quo for alternative and maybe less severe discipline than could have occurred after a trial proceeding before the bar court. Surely there would be an obligation to inform the Florida court eventually, given the affirmative amended statements made to support admission PHV. By the time the Anthony case goes to trial, he could be active again, so I'd think he would want to keep Judge S. happy.

 

[Hell's Belle]

That's how I read all the information so far, too: that the stipulation is the quid pro quo for alternative and maybe less severe discipline than could have occurred after a trial proceeding before the bar court. Surely there would be an obligation to inform the Florida court eventually, given the affirmative amended statements made to support admission PHV. By the time the Anthony case goes to trial, he could be active again, so I'd think he would want to keep Judge S. happy.

The fact that he is being deactivated while in the diversion program suggests to me that he is still in pretty hot water.

 

[QB.]

Lawyer On Casey Anthony Team Leaves Case

http://www.wesh.com/news/22563647/detail.html

"Attorney Todd Macaluso is dealing with disciplinary action with the California Bar Association."
from the article

 

[RR0004]

The Bar Court has some discretion *in general* as to whether to make an attorney inactive, or permit him/her to practice with restrictions. In Macaluso's *particular* case, it is clear that he will be "deactivated" as of 4/26 while he participates in his diversion program (which is for attorneys with substance abuse or mental illness issues).

If you look at the docket sheet in his case, the following two entries are of particular interest:

02/08/2010 Hearing Order TRANSFER INACTIVE B&P 6233 EFFECTIVE DATE: 04/26/2010
02/08/2010 Hearing Stipulation APPROVED BY COURT
The "hearing stipulation" here is the basis for the order. What I interpret this to mean is that, either in lieu of a contested hearing or after, Bar counsel and Macaluso's counsel reached an agreement about the facts of Macaluso's case, and those agreed facts served as a basis for the order transferring Macaluso to inactive status as of 4/26/2010.

I believe--I will check on this--Macaluso has an affirmative obligation to report his change in status to Florida because it affects his pro vac vice status.

ETA: Rule 1-3.10 of the Rules Regulating the Florida Bar (http://www.floridabar.org/DIVEXE/RRTFB.nsf/FV/7D7FFB2F8EA1CD0885256BBC005AEA99 )says, in pertinent part:

(b) Lawyer Prohibited From Appearing. No lawyer is authorized to appear pursuant to this rule or the applicable portions of the Florida Rules of Judicial Administration if the lawyer:

• (1) is disbarred or suspended from practice in any jurisdiction; <snipped>
  
  I suppose he could make the argument that "inactive" is not the same thing as "suspended," but I don't think that would fly. As of 4/26/2010, Macaluso is not authorized to appear in Florida courts.
  
  

Many of us wondered how/why he was admittted pro hac vice in Florida with this problems in CA already known. This comes as no surprise...what has he done for the team anyway? I think JB liked (s) having "celebrity" lawyers onboard (and they like the attention)...perhaps he's hoping some of what they have rubs off on him. He should be careful of what he wishes for.

 

[JBean]

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Thanks

 

[VALee]

I think it is very interesting that the lawyer who stated the body of Caylee was left after KC was in jail, a fact which the defense has yet to defend, is now under exam by the California State Bar! I wonder how this affects the request of the prosecution for supporting law/documentation of the original statement!

 

[Angel Who Cares]

Added for everyone's qyucik reference!
I apologize if these have already been posted!
Behind on reading! :wink:

State Bar Court Cases For Todd Macaluso
NOTE: The State Bar Court began posting public discipline documents online in 2005. The format and pagination of documents posted on this site may vary from the originals in the case file as a result of their translation from the original format into Word and PDF. Copies of additional related documents in a case are available upon request. Only Opinions designated for publication in the State Bar Court Reporter may be cited or relied on as precedent in State Bar Court proceedings.

Disciplinary and Related Actions
4/26/2010---Ordered inactive----Case #06-O-14552

1/23/2009---Notice of Disc Charges Filed in SBCt----Case #06-O-14552

PDF: Initiating Document-Filed 1/23/09 Pgs 1-10
http://members.calbar.ca.gov/courtDocs/06-O-14552-1.pdf

PDF: Response- Filed 2/13/10 Pgs 1-9
http://members.calbar.ca.gov/courtDocs/06-O-14552.pdf

Copies of additional related documents in a case are available upon request.
http://www.calbar.ca.gov/state/calbar/sbc_generic.jsp?cid=13469&id=23365

Information Found Here:
http://members.calbar.ca.gov/search/member_detail.aspx?x=133009

:angel:

 

[strawberry]

I think it is very interesting that the lawyer who stated the body of Caylee was left after KC was in jail, a fact which the defense has yet to defend, is now under exam by the California State Bar! I wonder how this affects the request of the prosecution for supporting law/documentation of the original statement!

You read my mind! The subtitle of this article says it all:

Todd Macaluso accused of "moral turpitude, dishonesty or corruption"

The person who claimed what he claimed may have been DISHONEST? Noooo (sarcasm obvious).

http://www.orlandosentinel.com/news...orney-quits-defense-t20100215,0,4152522.story

 

[The World According]

You read my mind! The subtitle of this article says it all:

Todd Macaluso accused of "moral turpitude, dishonesty or corruption"

The person who claimed what he claimed may have been DISHONEST? Noooo (sarcasm obvious).

http://www.orlandosentinel.com/news...orney-quits-defense-t20100215,0,4152522.story

So now what, the defense is going to say...Dad...it wasn't me...it was Johnny being bad...so don't blame me dad...whaaaah...whaaah.
That will not fly because the team is jointly and severally responsible for what they argue in court, imo. Baez already used that ..it wasn't me, he did it without my knowledge or consent ...excuse with Todd Black. This time, he sat in court while Todd argued that the defense has proof of Casey's innocence, so there is no distancing himself from those claims. The judge is going to reign in all of this at the next hearing is my guess.

 

[steadychick]

I think it is very interesting that the lawyer who stated the body of Caylee was left after KC was in jail, a fact which the defense has yet to defend, is now under exam by the California State Bar! I wonder how this affects the request of the prosecution for supporting law/documentation of the original statement!

I'm not an attorney, but I wouldn't think TM's problems should affect this at all. He was a practicing attorney at the time he made these claims in court, and a full member of the defense team. When he spoke, he legally spoke for the defense and for KC. He spoke on behalf of the defense team, verbalizing their claims/beliefs.

 

[LiveLaughLuv]

I think it is very interesting that the lawyer who stated the body of Caylee was left after KC was in jail, a fact which the defense has yet to defend, is now under exam by the California State Bar! I wonder how this affects the request of the prosecution for supporting law/documentation of the original statement!

I thought of that too.
Now that this disciplinary action, one which is "dishonesty", from the moment TMac made that statement in court, "that through the discovery documents, he feels his client is 100% innocent", made me cringe. The defense team was to give the prosecutors the details on how he came to that decision. It's not enough just to state that, he must have back up in the form of discovery! Nothing from the defenses side has been shown. I wonder if Baez is actively working on this case as actively as he does his media blitz tours.

KC's defense team all have the dishonesty theme going on. One blantant lie after another and nothing to back it up but words. Where's the substance? If the defense team feels so strongly their client is wrongly accused, why hasn't anyone been shouting from the highest tower, that a killer is still on the loose? Since the discovery of Caylee's remains, the silence from that camp is deafening. Silence in this case is truly "golden"...it tells so much, IMO, the only one physically responsible for Caylee's demise, is the one who sits accused!
JMHO

 

[Aedrys]

I'm not an attorney, but I wouldn't think TM's problems should affect this at all. He was a practicing attorney at the time he made these claims in court, and a full member of the defense team. When he spoke, he legally spoke for the defense and for KC. He spoke on behalf of the defense team, verbalizing their claims/beliefs.

Yes, but the fact that the ONE person who said they had definitive proof that someone put Caylee's body in the spot where it was found while she was in jail and made the judge set a deadline for this proof that the defense missed is now OFF of the defense the team just looks really, really bad for the defense. I personally think him stepping away because of his legal problems is a perfect cover since I know they wanted to boot him off since he opened his mouth and put the whole defense team's foot into it.

 

[catnron]

I decided to start this thread for Casey's newest attorney because I'm curious as to what he's bringing to the table. My understanding is he is a personal injury and product liability lawyer. His background is impressive. Will he taking first chair at trial? What do we know about him? What are your thoughts?

http://www.macalusolawsd.com/TMA_Pg_Attorneys.html#

He & KC also have a true understanding of each other, they both love to write bad checks.

 

[LambChop]

He & KC also have a true understanding of each other, they both love to write bad checks.

And they also like to tell "Whoppers" i.e. that KC was in jail when someone else put the body there.

 

[watcher9]

Coming up on Issues now (after commercial)... whoops, now after Tiger..