Suspension urged for former deputy DA in two counties

A former deputy district attorney in both San Joaquin and Santa Cruz counties described as “an exceptional prosecutor with superior legal abilities” will be suspended for two years if the Supreme Court affirms a recommendation by a State Bar Court Judge. GEORGE HALL DUNLAP JR. [#138896], who resigned last month as a Santa Cruz County prosecutor, also faces five years of probation and was ordered to establish his rehabilitation.

In an Aug. 29 decision, Judge Lucy Armendariz found that Dunlap committed four acts of misconduct, the majority fueled by his “excessive consumption of alcohol.” Although the State Bar sought Dunlap’s disbarment and the judge found his misbehavior “extremely serious,” she ruled that a lengthy suspension was adequate punishment.

Dunlap, 47, began his career with the San Joaquin DA as a law clerk in 1988, became a deputy DA when he passed the bar exam, and remained in the office until he was fired in 2002. His misconduct occurred while he worked in that office.

The discipline resulted from three separate incidents. The first, in 1995, occurred when California Highway Patrol officers stopped Dunlap’s truck, driven by his wife, and arrested her for drunken driving. Dunlap, described by one officer as being “highly intoxicated and highly agitated,” flashed his DA badge and voiced his objections to the arrest.

He was suspended for five days for misusing his office and his identification, interfering with a police investigation and compromising the relationship between the CHP and his office. Armendariz found that through his actions, he failed to obey state laws.

Two months later, Dunlap ran a red light in San Francisco, hit another car and injured himself, his wife and the other driver. Although he admitted to police he had been drinking (his blood level alcohol was .15 percent), he claimed someone named “John” had been driving and fled the scene. None of the multiple witnesses corroborated Dunlap’s account.

He was charged with felony DUI and causing bodily injury to two parties, but did not notify the State Bar, as required. Armendariz also found that he committed an act of moral turpitude by lying to the police about who was driving. She dismissed a charge that he committed a misdemeanor by making a false report.

Several years later, Dunlap and his then-girlfriend Amelita Manes left a party; Manes was driving and hit a parked car, causing $1,000 in damage. Manes’ insurance policy had lapsed, so she filed an insurance claim stating the accident occurred one week after her coverage was reinstated. However, the district attorney learned of Manes’ fraud because she asked the owner of the other car to lie about the date of the accident. She was charged with insurance fraud and hit and run driving; the latter charge was dismissed.

Although the district attorney ordered Dunlap to stay away from the case and he was not permitted to review the file, he claimed that his immediate boss wanted him to remain involved as a conduit to relay information to Manes. Armendariz rejected his assertion.

Manes missed five court dates and a bench warrant was issued for her arrest. The day of the hearing, Dunlap appeared and told the judge that his office recommended a six-month continuance for dismissal of the case. Both the judge and another deputy DA believed Dunlap was authorized to appear; he never disclosed his relationship with Manes to the judge or told him he was to stay away from the case.

Armendariz said she did not believe Dunlap’s argument that his office agreed to the continuance. She found that he committed an act of moral turpitude by making misrepresentations.

While in the DA’s office, Dunlap prosecuted serial killer Louis Peoples, who was convicted of four murders and sentenced to death. He appealed his termination from the San Joaquin office, but lost.

Dunlap resigned from the Santa Cruz County District Attorney’s office Sept. 10. DA Bob Lee had placed on Dunlap on paid administrative leave earlier in the month, saying in a statement, “We are in agreement with the State Bar Court’s intent — trying to uphold the highest ethical standards of our profession. We, as prosecutors, are held to a higher standard and want to assure the community that we will continue to uphold this higher standard, while attempting to obtain justice.

Lee said the bar court proceedings should not affect any case Dunlap handled in Santa Cruz County.