State Bar Court urges two-year suspension for Maureen Kallins
Controversial criminal defense lawyer MAUREEN KALLINS [#95038], 56,
who often clashed with judges and others in the courtroom during her high-profile
career, should be suspended for two years, prove her fitness to practice and
make restitution before regaining her license, according to a State Bar Court
judge. Her “behavior clearly and repeatedly crossed the line from zealous
advocacy to contemptuous disrespect in the courtroom,” wrote Judge JoAnn
Remke, who presided over a five-day trial last April. “In (Kallins’)
apparent fervor to win, she lost sight of her professional and ethical responsibilities.”
Remke found that Kallins committed 14 acts of misconduct in nine separate client
matters, including: failure to perform legal services competently, communicate
with clients, return unearned fees of $21,500, maintain respect for the courts
or report judicial sanctions, and she misled the court, thus committing an act
of moral turpitude.
Remke’s recommended discipline will go to the Supreme Court for action.
Kallins has been ineligible to practice since 2001, when she was suspended
for failing to pay bar dues or complete MCLE requirements. She has moved from
Marin County to Washington.
But over a four-year period prior to that, Remke said, Kallins was found in
contempt eight times as a result of “insolent and disruptive behavior”
in the courtroom. In addition, she did not refund unearned fees to six clients.
In several of those matters, the clients discharged Kallins when they became
dissatisfied with her lack of work or their inability to communicate with her.
For example, Kallins was hired to prepare a writ of habeas corpus for a client
whose sisters agreed to a fee of $25,000. They paid five installments totaling
$18,500 and tried repeatedly to contact Kallins or her husband, without success.
A year after hiring Kallins they fired her and requested an accounting of their
money and a return of their file and any unearned fees. Four months later, Kallins
told the sisters she did not have the money; two months after that, she said
she owed them $9,050. Although the sisters disputed the figure, they agreed
to accept three monthly payments. When they received no money, they hired a
lawyer and settled the dispute for $11,000. “While the sisters did not
believe that (Kallins) had earned the remaining $7,500 ($18,500 minus $11,000),
they wanted to move on and thus agreed to settle.”
Kallins’ payments stopped at $5,000, so the sisters filed a breach of
contract suit against her and her husband, winning a default judgment for $8,186,
which has not been paid.
When they hired a new attorney to handle the habeas petition, he testified
that Kallins had not done any preliminary work.
Remke also found that in a federal trial, Kallins misled U.S. District Judge
Vaughn Walker about the existence of a fee agreement with a client whose parents
paid her a $50,000 fee. Although Kallins denies she ever admitted to the court
that she did not have a fee agreement, Remke didn’t buy it and found that
Kallins committed acts of moral turpitude.
The judge reserved her most severe criticism for Kallins’ behavior in
three criminal trials that she said “clearly and repeatedly crossed the
line from zealous advocacy to contemptuous disrespect in the courtroom.”
The three judges who presided over the trials testified against Kallins; each
said she was the only lawyer they ever held in contempt.
Alameda County Superior Court Judge Joseph Hurley described Kallins’
conduct as “rude, offensive, disorderly, insulting and insolent toward
the judge,” and said the jury was repeatedly inconvenienced because he
had to ask them to leave the courtroom.
Judge Jeffrey Horner, also of Alameda County, held Kallins in contempt five
times (twice in one day) and four times sentenced her to five days in jail,
rulings that Kallins appealed and lost in the U.S. Court of Appeals.
Kallins appealed another contempt finding, but was rejected by the Court of
Appeal, which described her “gross misconduct, which created what could
be described as a ‘trial from hell’ . . . In our collective 97 years
in the legal profession, we have seldom seen such unprofessional, offensive
and contemptuous conduct by an attorney in a court of law.”
Kallins accused the judges of judicial bias and sexism and threatened to report
one to the Commission on Judicial Performance.
Remke noted that Kallins’ brother died suddenly during one trial, causing
her severe emotional difficulties, and she acknowledged the laudatory testimony
of seven witnesses who praised Kallins’ lawyering skills and devotion
to her clients. The judge also said Kallins practiced for 17 years without a
record of discipline and has a long record of community work.
But she said she was particularly troubled that despite the many rulings against
her, Kallins “continues to argue . . . that there was judicial, prosecutorial
and gender bias against her in (one case). There is no evidence of such bias.
Her lack of remorsefulness is of great concern.” Indeed, said Remke, Kallins
was “flattered” that one appellate court had dedicated an opinion
to her.
Kallins argued that a private reproval with probation was a sufficient penalty
for her misconduct. Her husband and attorney, Charles Gretsch, declined to comment
on Remke’s decision, noting that the case is not final until the Supreme
Court acts. He said he has no plans to appeal Remke’s recommendation.
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