MARTINEZ — The former Contra Costa District Attorney’s fall from grace reached new depths Friday when the State Bar of California announced it had temporarily suspended him from practicing law, and appointed a special counsel to potentially punish him further.
But things could get worse for Mark A. Peterson, who six weeks ago pleaded no contest to perjury and announced his resignation; the action is a strong indicator that the state bar will recommend Peterson be disbarred.
In June, the Attorney General’s office charged Peterson with 12 counts of perjury and one count of grand theft — all felonies — after Peterson admitted to illegally spending more than $66,000 from his campaign fund. In a plea deal, he was sentenced to probation and community service.
Any time an attorney is convicted of a crime, he or she is required to notify the state bar, which will in turn initiate a disciplinary proceeding. Typically, convictions of crimes involving moral turpitude result in disbarment.
Edward John McIntyre, an ethics attorney who practices in San Diego, was appointed as special counsel to recommend disciplinary action. On Friday, McIntyre strongly indicated he would recommend Peterson be disbarred.
“I don’t think there’s any question among those knowledgeable in legal ethics that perjury is an offense that involves moral turpitude,” McIntyre said. “It involves dishonesty in a fundamental sense.”
According to state bar records, Peterson retained well-known attorney Doron Weinberg, who is known for defending public corruption cases. Weinberg did not immediately return a request for comment.
The state supreme court will have to sign off on any disciplinary action taken against Peterson.
The interim suspension was ordered on July 26, and takes effect on Aug. 21, according to a state bar news release.
Peterson was elected district attorney in 2010, and ran unopposed in 2014. His troubles started in December, when it became public that he spent $66,000 over five years on clothes, gas, movie tickets, and other personal expenses.
In public statements, he said the money was a loan, but campaign financial disclosure forms he signed under penalty of perjury had $0 written in the loan category. The state Fair Political Practices Commission fined him $45,000, and months later, a grand jury took action to remove him from office.
Peterson ignored calls for his resignation and decided to run for re-election in 2018. Then the Attorney General’s office filed felony charges, prompting Peterson to resign. As part of the plea deal, he is barred from running for political office for three years.
While Peterson fights to keep his law license, a dozen lawyers and politicians are competing to take his old job. In August, Contra Costa supervisors will begin public hearings to interview the candidates, who include senior members of the Contra Costa DA’s office, judges, and other Bay Area attorneys. In the meantime, Peterson’s appointed second-in-command, Doug MacMaster, has been left in charge of the DA’s office.
McIntyre was appointed because the state bar’s chief trial counsel, Steve Moawad, is a former senior deputy district attorney in Contra Costa who left the office earlier this year. He has recused himself from matters involving Peterson, state bar officials said.
