SAN FRANCISCO (Northern California Record) — Santa Ana attorney Scott Bunker Hayward faces disbarment following a California State Bar Court recommendation after he allegedly failing to comply with conditions of a prior disciplinary probation and he's "fine" with it.
During a telephone conversation in January, the Office of Chief Trial Counsel informed Hayward that a default motion would be filed should he fail to respond to the notice of disciplinary charges against him, according to the seven-page decision and order of involuntary inactive enrollment issued July 23 by the state bar court.
Hayward reportedly answered, "That's fine."
The state bar's entry for default was entered the following month.
Hayward faces probation violation allegations, including failing to schedule a required meeting with his probation officer, submit a medical form, provide proof of his treating psychiatrist's evaluation and submit quarterly reports.
Since Hayward failed to participate in person or via counsel, the state bar's decision and order for disbarment was entered by default. In such cases, in which an attorney fails to participate in a State Bar of California disciplinary proceeding despite adequate notice and opportunity, the bar invokes Rule 5.85, which provides the procedure for the state bar to recommend an attorney's disbarment.
The recommendation is pending final action by the California Supreme Court, an appeal before the state bar's review department or expiration of time in which parties can request further review within the state bar court.
Hayward's recommended discipline was among the dispositions filed earlier this month by the state bar court's hearing department for July.
Hayward was admitted to the bar in California on Dec. 12, 1988, according to his profile at the state bar website. No other disciplinary matters are pending against Hayward, according to the decision and order.
Hayward had two prior records of discipline, according to information on his state bar profile. In February 2017, Hayward was placed on five years' probation following his conviction for assault with force likely to cause great bodily injury and false imprisonment, both misdemeanors. In January 2011, Hayward received a stayed one-year suspension and two years' probation after he stipulated to eight counts of misconduct in four client matters stemming from his involvement in a loan modification business owned by two non-lawyers.
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