James Michael Vincent Fitzpatrick is an active member of the California Bar and was admitted 15th December 1986. James graduated from University of San Diego SOL.
Lawyer Information
| Name | James Michael Vincent Fitzpatrick |
|---|---|
| First Admitted | 15 December 1986 (37 years, 4 months ago) |
| Status | Active |
| Bar Number | 125313 |
Contact
| Current Email | [email protected] |
|---|---|
| Phone Number | 619-234-3422 |
| Fax Number | 619-234-3163 |
Schools
| Law School | University of San Diego SOL (San Diego CA) |
|---|---|
| Undergraduate School | San Diego State University (San Diego CA) |
Address
| Current Address | 501 W Broadway Ste 800 San Diego, CA 92101-3546 |
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| Map |
History
| 22 September 2005 | Discipline, probation; no actual susp. 95-O-18080 (18 years, 7 months ago) |
|---|---|
| 15 December 1986 | Admitted to the State Bar of California (37 years, 4 months ago) |
Discipline Summaries
September 22, 2005 JAMES MICHAEL V. FITZPATRICK [#125313], 48, of San Diego was suspended for two years, stayed, placed on two years of probation and was ordered to take the MPRE and prove his rehabilitation. The order took effect Sept. 22, 2005. As a deputy district attorney in San Diego, Fitzpatrick was assigned the prosecution of four defendants in an assault case in 1989. Two of the defendants in the case had provided law enforcement with information on gang activities, but neither was a registered informant. In addition, one defendant, Enrique Gonzalez, worked off a community service requirement by discussing gang activities with a police officer. In 1991, Gonzalez was arrested for attempted murder. Fitzpatrick’s supervisor ordered him to suspend any investigation of the assault case and to have no involvement with the murder case. Gonzalez pleaded guilty to a lesser charge of assault with a deadly weapon in the murder case.He and another defendant finally were charged in the assault case in 1996. During various proceedings, Fitzpatrick said Gonzalez was not a police informant and that he had not received any benefits for his testimony. He never revealed that Gonzalez had provided information to law enforcement, even when he was under a court order to reveal exculpatory evidence to the defense. Fitzpatrick also intervened in a deportation matter on Gonzalez’ behalf, but did not notify the defense.Fitzpatrick eventually allowed Gonzalez to withdraw his plea to the 1992 assault with a deadly weapon conviction and substitute a plea to a lesser offense with a promise to have the lesser conviction expunged. Gonzalez was not deported because his felony conviction was expunged.Meanwhile, another defendant in the assault case was convicted of two felonies and sentenced to life in prison. He appealed, alleging prosecutorial misconduct. The court of appeal reversed the conviction due to prosecutorial misconduct by Fitzgerald.Fitzgerald stipulated that he violated a court order and breached his duty to produce potentially exculpatory evidence. In addition, by saying no benefits had been extended to Gonzalez by the prosecution, he failed to employ means that are consistent with the truth.In mitigation, Fitzgerald has no record of discipline, he cooperated with the bar’s investigation and he demonstrated remorse and good character. |