Amid a developing ethics probe -- James Towery -- the embattled Chief Trial Counsel of the State Bar of California, has resigned.
The Leslie Brodie Report has learned Towery will exit on July 1, and a search for a replacement is underway.
Mr. James Towery, whom Mr. Howard Miller chose to serve as the Chief Trial Counsel.
Towery, who served as president of the State Bar in 1995-96, was a member of Hoge, Fenton, Jones & Appel prior to assuming the role of top prosecutor.
According to the Oakland Tribune, Towery stated:
"After much reflection, I have come to the conclusion that this position and my personal situation are not a good fit," Towery said. "The challenge of managing offices in San Francisco and Los Angeles while maintaining my residence in San Jose has proven more onerous than I anticipated."
"There are a number of opportunities. I'm confident I'm going to get re-engaged with the legal community soon," he said.
The controversy surrounding Towery begun on December of last year, and is in connection with the decision of the State Bar of California to exonerate Howard Miller and Thomas Girardi (of Girardi & Keese) and Walter Lack (of Engstrom, Lipscomb & Lack) for the grave misconduct the three had committed while litigating a case against Dole Food Company.
While litigating the case, and according to findings made by the Ninth Circuit Court of Appeal, Walter Lack and Thomas Girardi had initiated and directed years of litigation against Dole by "persistent use of known falsehoods."
In addition, and also according to the Ninth Circuit, Thomas Girardi and Walter Lack made these false representations "knowingly, intentionally, and recklessly."
Subsequent to the clear findings of misconduct by the Ninth Circuit, Towery appointed Jerome Falk Jr. of Howard Rice Nemerovski Canady Falk & Rabkin to serve as special prosecutor.
Jerome Falk duties were to investigate, and if necessary, prosecute Howard Miller and Thomas Girardi of Girardi & Keese and Mr. Walter Lack, Paul Triana, and Sean Topp of Engstrom, Lipscomb & Lack.
However, allegations of improprieties on the part of Towery and Jerome Falk (of Howard Rice) were made as Howard Miller -- one of the attorneys who participated in the scheme to defraud the judiciary and injure Dole in order to enrich himself financially -- had appointed the managing partner of Howard Rice (Mr. Douglas Winthrop) to a prestigious position within the State Bar of California Foundation as well as the close business relationship between Howard Rice and Skadden Arps. The latter, via partner Thomas Nolan, was representing Mr. Girardi in the misconduct proceedings in front of the Ninth Circuit.
For a prior coverage concerning Mr. Towery, including information about the ethics complaint advanced against Towery, please visit: