In a brief filed with the State Bar Court last week, State Bar Supervising Trial Counsel Allen Blumenthal said Kay’s behavior earlier this year during State Bar Court proceedings — walking off the stand during testimony, “insulting comments to the State Bar prosecutors,” “attacks on the State Bar Court,” yadda yadda yadda — should serve as an aggravating factor for disbarment.
More menacing talk after the jump ...
“Respondent has shown this court in blazing color,” Blumenthal wrote, “what other courts, opposing counsels, parties and witnesses in court proceedings have endured over the last 11 or more years.”
State Bar Court Judge Lucy Armendariz went so far as to enter a default judgment against Kay in May after he refused her order to retake the witness stand. That effectively prevented Kay from offering any testimony on his own behalf.
Kay was hauled into State Bar Court on allegations he disrespected two San Diego County Superior Court judges during a sexual harassment suit against Ralphs Grocery Stores way back in 1998 and 2002.
Blumenthal called Kay "a menace" and "a bully who has no respect for the courts — or anyone else. He is the epitome of lawlessness in the courtroom.”
In an e-mail, Kay said Blumenthal’s “rant about my misconduct has been ongoing and getting worse over time.”
Blumenthal’s closing papers, Kay added, “refer to me as a ‘menace to society’ while lying about the record and the law” and “admits that the default order is being used to punish me.”
Armendariz will recommend punishment within 90 days.
On the brighter side, charges against Solana Beach solo John Dalton, who was Kay’s co-defendant in the case, were dismissed on Sept. 9. Blumenthal wouldn’t say why.
“That’s confidential,” he said, “but we came to a resolution with him.”
— Mike McKee