The California State Bar has assigned an attorney to look into a
complaint filed against District Attorney John Sarsfield by the San
Benito County Bar Association regarding the bar’s opinion that the
prosecutor has abused his power, according to an e-mail from the
president of the local bar association.
Hollister – The California State Bar has assigned an attorney to look into a complaint filed against District Attorney John Sarsfield by the San Benito County Bar Association regarding the bar’s opinion that the prosecutor has abused his power, according to an e-mail from the president of the local bar association.
While President Chenoa Summers would not confirm or deny that the State Bar is looking into the complaint, an e-mail she sent to local bar members Wednesday stated that a representative at the State Bar told her the complaint was “in review and should be assigned to an attorney” by this week, according to the e-mail obtained by the Free Lance.
“At least there is some progress,” Summers stated in the e-mail. “However, all this means ultimately is that the matter will finally be looked into to see if there is any basis for going forward with formal charges.”
California State Bar spokeswoman Diane Curtis said nothing concerning complaints can be made public until charges have been filed, and that no formal charges against the prosecutor have been filed.
Sarsfield, who isn’t a member of the local bar, isn’t phased by the complaint or the State Bar looking into it and he’s confident nothing will come of it. He said it’s just another in a myriad of complaints filed against him since he’s been district attorney. He said complaints have been sent to the Fair Politic Practices Commission, Federal Bureau of Investigation, civil grand jury and State Bar – not to mention his name appearing in lawsuits.
“People in (supervisor) board meetings have called me the devil and any other nasty thing they can think of,” he said. “This is nothing more than continued harassment and it’s the same small group of people.”
While Sarsfield said this is standard practice for the State Bar when it receives a complaint, attorneys are not assigned to look into every complaint the State Bar receives, according to Donald Steedman, State Bar supervising trial attorney. Complaints can be reviewed and deemed unwarranted, or reviewed, assigned to an attorney and investigated, Steedman said.
“If a decision has been made to assign it to an investigator, it doesn’t mean anybody’s made a finding (concerning the complaint),” he said.
In February, the local bar voted that they have “no confidence” in the prosecutor and issued a statement that he “has abused the power of his office and that his conduct constitutes a threat to the public’s ability to exercise their constitutional rights.” In particular, they cited Sarsfield’s use of the criminal grand jury.
Bar members also voted to endorse the recall effort against Sarsfield, which eked by with only 13 of the 24 members present at the vote in favor. The two votes that put the recall endorsement over the edge were Michael and Patrick Pekin’s. Michael Pekin is being prosecuted by Sarsfield for five felony counts stemming from a criminal grand jury indictment, which include obstructing justice, eliciting perjury and filing frivolous lawsuits.
Sarsfield believes the local bar showed bias when it allowed the Pekins to vote and held the vote at The Vault restaurant, which is owned by Ignacio Velazquez, who is spearheading the recall effort.
“It’s a completely incredible action,” Sarsfield said. “It shows no attempt to be fair and listen to both sides.”
In her e-mail, Summers also stated that Pekin may subpoena the complaint the local bar filed with the State Bar to use in his defense, and that her organization is “prepared to take whatever action we deem legally necessary” if Pekin subpoenas the complaint. Summers declined comment on why she doesn’t want Pekin to have the complaint.
But Pekin said he’s strongly considering subpoenaing the complaint because he needs it to show that Sarsfield is prosecuting him because of a personal vendetta.
“The bar met because Sarsfield was being vindictive and charging people against whom he had a personal or political gripe against,” Pekin said. “And who is the poster child of that vindictiveness but myself and now the rest of my office?”
Pekin’s aide, Amanda Hernandez, has also been charged with a misdemeanor for practicing law without a license. Both Pekin and Hernandez’s charges stemmed from their conduct in Pekin’s ongoing civil case against San Benito County and former Supervisor Richard Scagliotti alleging corruption and involving the anonymous group Los Valientes.
Pekin said the complaint isn’t privileged and he believes the only person who wants the complaint to stay secret is Summers. He plans to speak to other local bar members before deciding whether to subpoena the complaint, he said.
“I’ll take counsel from my brethren, but I hope they have in mind that my career and my life is at stake,” Pekin said.
If convicted of the criminal charges, Pekin could face up to three years in jail and could lose his ability to practice law. But Pekin’s troubles don’t stop at the criminal charges. He is also being investigated by the State Bar for charges that parallel the criminal grand jury charges.
Erin Musgrave covers public safety for the Free Lance. Reach her at 637-5566, ext. 336 or em*******@fr***********.com
