The State Bar of California on Thursday filed disciplinary charges against a former top official in the Los Angeles City Attorney’s Office for his alleged involvement in the Department of Water and Power scandal.
State Bar prosecutors allege that Jim Clark, a top deputy prosecutor under then-City Attorney Mike Feuer, secretly instructed other lawyers to organize a class-action lawsuit to ensure claims over failures in DWP’s billing system were resolved on terms favorable to the city.
Clark “directed and approved a scheme of conspiracy and deception that was a clear betrayal of his duties as an attorney and public servant,” the court’s lead lawyer, George Cardona, said in a statement.
Clark’s lawyer, Erin Joyce, said the Bar Association was “attempting to tarnish Mr Clark’s career and reputation” based on unfounded allegations.
“Mr. Clark is a highly respected attorney who has had a distinguished legal career over the past 49 years without any complaints to the State Bar or allegations of ethical misconduct,” Joyce said.
If the State Bar Court finds guilty, Clark faces possible disbarment, suspension or probation.
Clark was a partner at the law firm Gibson, Dunn & Crutcher for 30 years and joined the city in 2013. He left the city in 2020 to work in mediation, a year after the FBI raided Clark’s offices and other properties as part of a criminal investigation into bogus lawsuits.
Clark, who was not charged in the criminal investigation, receives a monthly pension from the city worth about $4,000.
The State Bar’s complaint alleges that Clark “instructed” three lawyers working under contract with the city to find “friendly counsel” and file a class-action lawsuit against the city over DWP’s flawed billing system that incorrectly billed thousands of customers, including one Van Nuys couple for nearly $52,000.
With the plaintiffs’ lawyers in the case colluding with the city’s team, the claim could be settled on terms favourable to the DWP.
Bar prosecutors also allege that Mr Clark made “false and misleading statements” in another case and denied his role in the false lawsuit in a signed affidavit. Prosecutors say Mr Clark concealed information from the civil court overseeing the DWP case.
Prosecutors said Clark knowingly committed “conduct involving moral turpitude, fraud and corruption” in violation of the California Business and Professions Code, part of the state bar code.
Clark faces additional charges from the State Bar Association for accepting $640 worth of tickets to a 2016 concert by The Who from an attorney involved in the conspiracy lawsuit and failing to report the gift as required by city law.
The State Bar Association has also proposed the temporary suspension of city attorneys working for the DWP, all in connection to the massive scandal.
Clark’s name appeared frequently in FBI search warrant affidavits, which were made public in May after a federal court request by The New York Times.
According to the affidavit, former DWP general manager David Wright accused Clark of lying about his role in the conspiracy case.
Another lawyer for Clark, Marisol Moak, told The Times in May that Wright’s “allegations contain numerous inaccuracies” and denied that Clark had done anything wrong.
One affidavit, some of which has been redacted to protect Clark’s privacy, says witnesses told FBI agents that Clark suffered from unexplained symptoms in 2017 and 2018 that affected his “functioning” at work and forced him to take medical leave.
In a sworn statement, FBI agents also claim they are on the case. Feuer disputes the agents’ claims and maintains his innocence.
Four people, including former DWP general manager Wright and a senior official in the city attorney’s office, pleaded guilty to a range of federal crimes, including bribery.
