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State Bar Appeals Court’s Recommendation in Darryl Genis Case

The Santa Barbara DUI defense attorney also plans to challenge the decision, which proposed a 90-day suspension

After the State Bar Court threw out half the misconduct counts against local attorney Darryl Genis, prosecutors from the State Bar of California are appealing the decision.

Senior trial counsel Brandon Tady is assigned to the case and the request for review was filed Feb. 6.  

Genis, a defense attorney who specializes in driving-under-the-influence cases on the Central Coast, was accused of moral turpitude, making a false and malicious State Bar complaint and failing to obey court orders.

State Bar Court Judge Richard Honn dismissed the first two counts, so the State Bar is appealing the decision.

For the two counts of failing to obey court orders, Honn recommended that Genis be suspended for 90 days, placed on probation for two years, and attend anger-management counseling.

Such recommendations are automatically reviewed by the State Bar Court’s review department before going to the California Supreme Court, which makes the final decision.

Now, both sides — the State Bar and Genis — will file written briefs and do oral arguments, State Bar communications director Laura Ernde said.

The State Bar is the regulatory agency that handles discipline of attorneys. 

Within 90 days of that hearing, which hasn’t been scheduled yet, a written decision will be issued. That decision can still be appealed to the California Supreme Court.

Genis plans to appeal the two counts, saying there is no precedent for a 90-day suspension for violating court orders.

The misconduct counts came from a 25-page complaint filed by the District Attorney’s Office, and Genis said local prosecutors have tried to muzzle him due to his effectiveness as a DUI attorney.

The appeals from both sides will be processed at the same time, Ernde said.

Since the State Bar Court judge’s decision is pending and being appealed, Genis is still practicing.

He appeared in Santa Barbara County Superior Court this week representing Raymond Morua, a former congressional aide who is charged with murder in the hit-and-run death of Santa Barbara woman Mallory Rae Dies. Morua allegedly drove under the influence and hit Dies on the 500 block of Anacapa Street.

Noozhawk staff writer Giana Magnoli can be reached at .(JavaScript must be enabled to view this email address). Follow Noozhawk on Twitter: @noozhawk, @NoozhawkNews and @NoozhawkBiz. Connect with Noozhawk on Facebook.

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