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Jerry J. Yu (WSBA No. 29164, admitted 1999), of San Jose, California, was suspended for 90 days, effective May 26, 2009, by order of the Washington State Supreme Court following the approval of a stipulation. This discipline is based on conduct involving the commission of a criminal act.
From 2004 onwards, Mr. Yu has worked as an accountant at an accounting firm in California. Mr. Yu is not licensed to practice law in California and has never practiced law in California. Around December 2004, Mr. Yu became involved in an extra-marital affair with a married woman in California. In May 2005, Mr. Yu sent an e-mail with sexual content to an e-mail address belonging to the woman's 15-year-old daughter. The woman reported the e-mail to California authorities. Her daughter did not receive the e-mail. In May 2005, Mr. Yu was arrested and charged with violation of California Penal Code Section 664/288.2B (attempted distribution via electronic mail of harmful material to a minor). On February 3, 2006, Mr. Yu pled nolo contendere to violating California Penal Code Section 664/288.2B and was sentenced to 90 days in custody with credit for two days he had already served. Mr. Yu was also granted the opportunity to serve his time through the sheriff's work-release program and was given five years' probation. At his sentencing hearing, the court ruled that if Mr. Yu complied with the conditions of his probation, he could bring a motion to reduce the conviction from a felony to a misdemeanor. Mr. Yu self-reported the conviction to the Association shortly after he was sentenced and stipulated to interim suspension from the practice of law in Washington state, pursuant to ELC 7.4. On October 12, 2006, the Washington State Supreme Court ordered Mr. Yu suspended pending the outcome of this disciplinary matter. On October 10, 2008, Mr. Yu completed the conditions of his probation and filed a motion to reduce his conviction to a misdemeanor under section 17b and section 1203.4 of the California Penal Code. The court granted his motion, reduced his conviction to a misdemeanor, and terminated his probation.
Mr. Yu's conduct violated Washington's RPC 8.4(b), prohibiting a lawyer from committing a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects.
Fuchsia Dulan represented the Bar Association. Mr. Yu represented himself.
Supplemental Note pursuant to ELC 3.5(c)(3):
On September 11, 2009, the Superior Court of California County of Sacramento entered an order related to Mr. Yu’s conviction stating: “Good cause appearing and the Court being fully advised, it is now ordered that a plea of not guilty be entered herein/the verdict of guilty be set aside and that the accusatory pleading in this cause be, and same is hereby dismissed pursuant to section 1203.4 of the Penal Code.”
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