SAN FRANCISCO (Northern California Record) — Oxnard attorney Arturo Fernando Shaw Gutierrez faces summary disbarment following a California Supreme Court decision and his convictions for allegations involving lewd conduct with a child.
The state high court issued its disbarment order April 24 and Gutierrez's effective disbarment date will be May 24, according to a recent announcement on the State Bar of California's website. The court also denied a motion for leave to file request for judicial notice is denied, a petition for writ of review and an application for stay.
"A conviction of a serious sexual offense involves moral turpitude because the offense is one of depravity, contrary to the accepted and customary rule of right and duty between man and man," said the four-page California State Bar Court amended recommendation for summery disbarment issued in January. "Accordingly, Gutierrez's felony convictions qualify him for summary disbarment."
Under California law, Gutierrez's conviction rendered him not entitled to a state bar court hearing to determine whether he could receive a lesser discipline, according to the decision and order.
Gutierrez was admitted to the bar in California on Nov. 23, 2004, according to his profile at the state bar website.
The Ventura County criminal defense attorney, then 36, was arrested in early December 2012 as he arrived at the Seal Beach pier where he allegedly was trying to meet an underage girl for sexual purposes. At the time, the Orange County child exploitation task force was investigating the case of a minor female who had been communicating with adult men online.
Gutierrez reportedly was unaware that he had been communicating with the task force via Facebook since the previous November.
In February 2015, Gutierrez was convicted of four criminal counts, including attempted lewd act on a child 14 or 15 years old and luring of a child with intent to commit a felony and sentenced to three years' probation, according to the state bar court's recommendation.
"Therefore, the convictions are final," the recommendation said.
In November the state bar court recommended Gutierrez be summarily disbarred.