SAN FRANCISCO – Redlands attorney James DeAguilera, former Loma Linda city manager and city planning director who represented supporters of a losing marijuana ballot initiative in 2017, may get his disbarment earlier this year turned around following a complainant's apparent recantation.
The California State Bar got the disbarment proceeding back on March 27 when the California Supreme Court remanded the disciplinary case against DeAguilera, who was disbarred by the high court in February. The high court stayed its disbarment order and announced that DeAguilera remains involuntarily enrolled as an inactive state bar member, according to disposition information on the court's website.
The Supreme Court directed the State Bar Court to "consider whether to modify or augment its culpability determinations" in its misconduct charges against DeAguilera.
"The State Bar Court must also consider whether it wishes to revise or reaffirm its recommendation for appropriate discipline," the disposition information said. "Upon completion of these additional proceedings, the state bar court is instructed to submit its findings and recommendation to this court."
DeAguilera has not challenged the State Bar Court's culpability determination in its charges against him.
"Thus, that matter is beyond the scope of this order and those findings and conclusions shall remain undisturbed," the disposition information said.
DeAguilera was admitted to the bar in California on Dec. 2, 1993, according to his profile at the state bar website.
In 2017, DeAguilera represented clients who had supported Measure N, a marijuana regulation and taxation initiative that went before Los Angeles voters in March of that year and lost.
In a 30-page opinion and order issued in October, the State Bar Court recommended DeAguilera be disbarred over of five instances of alleged professional misconduct in two client matters arising from the attorney's representation of clients trying to operate medical marijuana dispensaries.
After his disbarment, DeAguilera filed a motion for production of additional evidence and other documents, according to the disposition information. Those documents included a declaration "purportedly signed" by one of the complainants against DeAguilera "recanting portions of his oral testimony given under penalty of perjury" before the State Bar Court's hearing department in July 2017, the disposition information said.