On Friday, January 5, 2024, the Supreme Court of California issued a final order in the disciplinary matter of Daniel Mark Bornstein, issuing a one-year stayed suspension and probation for the attorney.

The case is entitled “In the Matter of Daniel Mark Bornstein,” with case no. S281961.

Bornstein, who was admitted to practice in 1996 and has a prior record of discipline, had been charged by the State Bar Court with misconduct arising from his third driving under the influence conviction in May 2022. According to the stipulated facts, Bornstein was stopped by Novato police after fluctuating speeds and swerving, with officers noting he smelled of alcohol and failed field sobriety tests. Chemical tests put his blood alcohol content at .23% and .22%, nearly three times the legal limit of .08%.

Bornstein pled guilty in June 2022 in Marin County Superior Court to violating Vehicle Code section 23152(b), driving with a BAC over the legal limit. The plea resolved an additional charge of driving under the influence. As part of his criminal sentence, Bornstein received three years probation which included substance abuse treatment conditions. He subsequently completed a 45-day inpatient rehabilitation program between February and April 2023.

In the stipulated disposition reached with the State Bar, Bornstein admitted the facts and circumstances of his third DUI conviction, which did involve misconduct warranting discipline though not moral turpitude. Aggravating factors included his 2016 private reproval for two prior DUI convictions in 2005 and 2013. As mitigation, Bornstein received credit for his substance abuse treatment and for entering into the pre-trial stipulation.

Citing standard 2.16(b), the stipulation analyzed that suspension or reproval is the presumed sanction for a misdemeanor conviction not involving moral turpitude but warranting discipline. Given Bornstein’s prior record, standard 1.8(a) also applied requiring greater discipline than the prior sanction. The parties recommended, and the Hearing Department approved, a one-year stayed suspension and one year of probation with conditions.

The Supreme Court adopted this disciplinary resolution in its January 5, 2024 order. Bornstein is now suspended for one year with execution stayed and placed on probation with the stipulated terms, including completing the State Bar Ethics School and any criminal probation requirements. He must also pass the Multistate Professional Responsibility Examination within the year. Costs were awarded to the State Bar.

According to avvo.com, Mr. Bornstein is a divorce & separation attorney in Larkspur, California. He acquired his law license in California in 1996.

A copy of the original filing can be found here.