Wednesday, February 19, 2014
State Bar Judge Urges Suspension for Ex-Prosecutor With DUI History
By a MetNews Staff Writer
A State Bar Court hearing judge has recommended that a former deputy district attorney in San Bernardino and San Francisco be suspended for at least two years after having been convicted of multiple offenses involving drinking and driving.
Marc Anthony Guillory, who was admitted to practice law in 2001, showed a repeated alcohol-related criminal conduct and committed egregious bad faith acts by trying to use his position as a district attorney to evade arrest, Judge Patrice McElroy said in an opinion made public yesterday.
McElroy recommended that Guillory be suspended for a minimum of two years, that he must remain suspended until he provides proof of his rehabilitation to the State Bar Court, and that he be ordered to abstain from alcoholic beverages and other drugs.
The State Bar had urged disbarment, while Guillory argued that a 60-day suspension would be sufficient punishment.
McElroy explained that Guillory had acted with dishonesty and moral turpitude when he drove with a suspended license, lied about not having consumed alcohol to a police officer, and urged police officers to let him go by showing them his deputy district attorney’s badge.
In 1999, the judge found, Guillory left a party and rear-ended a disabled bus while driving at night. The accident resulted in the death of Guillory’s first cousin, who was a passenger in Guillory’s car.
After being transported to the police station, more than two hours after the crash, Guillory’s blood alcohol measured at 0.06 percent.
Guillory pled nolo contendere to driving recklessly with alcohol in his system, and was convicted of a misdemeanor.
In 2008, after again pleading nolo contendere, Guillory was convicted of driving under the influence, after producing a blood alcohol content test result of 0.18 percent, over twice the legal limit.
In 2009, while still on probation with a suspended license, Guillory was pulled over after weaving his vehicle within lanes and speaking on his cell phone while driving. After being detained, Guillory told the police that he worked with them, which the officer perceived to mean that Guillory was trying to get a break because he was a prosecutor, McElroy explained in her decision.
Guillory pled nolo contendere to the offense of driving under the influence with a blood alcohol content of 0.15 percent, was sentenced to probation of three years and 15 days in county jail, and was required to attend an 18-month alcohol treatment program.
In 2012, Guillory pled nolo contendere and was convicted of driving under the influence with a blood alcohol content of 0.24 percent, after police found him passed out in his running car, which rolled forward after Guillory was awakened.
The police asked for Guillory’s identification, and he produced his badge. Guillory told the police that they should let him go because he was well-known within the San Francisco police department.
Guillory served as a deputy district attorney in San Bernardino from 2002 to 2006, where he tried misdemeanor and felony cases.
In 2006, he joined the San Francisco District Attorney’s Office, where he worked until 2012. He has been on involuntary inactive State Bar status since January of last year.
He was an active deputy district attorney during all three of his driving under the influence convictions.
In a prepared written statement, Guillory said:
“My work as a professional has been exemplary since I joined the bar in 2001. I regret committing the offense of DUI on 3 occasions while I was under extreme stress and experiencing depression….I have put in place a better life plan that ensures this pattern is broken and a return to serving the community as a better person, and an advocate and voice for the voiceless.”
The case is In the Matter of Guillory, 12-C-11576.
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