| 1. |
A lawyer who is not subject to attorney disciplinary proceedings may enroll confidentially in the diversion program. |
True |
False |
| 2. |
A lawyer who is currently under investigation by the State Bar and who voluntarily enters diversion must comply with terms and conditions of practice. |
True |
False |
| 3. |
The Legislature can require that disciplinary charges be dismissed against a lawyer who has successfully completed diversion. |
True |
False |
| 4. |
A defendant who is convicted of both a drug offense and an unrelated misdemeanor may nevertheless be eligible for DEJ. |
True |
False |
| 5. |
Laywers who suffer from mental illness unrelated to drug or alcohol abuse are ineligible for the Attorney Diversion and Assistance Program. |
True |
False |
| 6. |
A lawyer can only enter the attorney diversion program by referral by the State Bar Court or by the State Bar's Office of Chief Trial Counsel. |
True |
False |
| 7. |
A defendant must plead guilty to be eligible for DEJ. |
True |
False |
| 8. |
A defendant must plead guilty to be eligible for Prop. 36 diversion. |
True |
False |
| 9. |
A defendant who is convicted of both a drug offense and an unrelated misdemeanor may nevertheless be eligible for Prop.36 diversion. |
True |
False |
| 10. |
Even after a defendant successfully completes a drug treatment program under Prop. 36 or DEJ, the defendant's conviction is not expunged. |
True |
False |
| 11. |
A defendant who has been convicted of any minor prior drug offense is ineligible for diversion under DEJ. |
True |
False |
| 12. |
A defendant who has been convicted of any minor prior drug offense is ineligible for diversion under Prop. 36. |
True |
False |
| 13. |
The State Bar can impose discipline even when a lawyer is found not guilty of criminal charges arising out of the same conduct. |
True |
False |
| 14. |
Alcoholism and drug abuse among lawyers is de minimis. |
True |
False |
| 15. |
A defendant who sells drugs to support his or her drug addiction can receive treatment instead of punishment under either Prop. 36 or deferred entry of judgment (DEJ). |
True |
False |
| 16. |
There is no disciplinary diversion system for lawyers who are being investigated by the State Bar. |
True |
False |
| 17. |
The Attorney Diversion and Assistance Program is initially supported by a $10 assessment added to State Bar members' dues. |
True |
False |
| 18. |
A lawyer participating in the attorney diversion program must pay for his or her individual counseling to the extent of financial ability. |
True |
False |
| 19. |
A lawyer who successfully completes the diversion program is eligible for reinstatement to practice and dismissal of the underlying disciplinary allegations. |
True |
False |
| 20. |
q |
True |
False |