STIPULATED
DECISION VALID EVEN IF CRIMINAL CONVICTION REVERSED
A dentist was
convicted of domestic violence and filed a habeas writ petition to
challenge the conviction. In the meantime, the Board of Dentistry sought
discipline against dentist for his criminal convictions. The dentist later
stipulated to the existence of the convictions and the discipline sought
by the Board. When the court granted his habeas writ petition and vacated
the convictions, the dentist sought to have his license discipline set
aside.
The Board
refused and the Court of Appeal held in Stermer v.Board of Dental
Examiners (2002) 02 CDOS 301, that the stipulated decision could not be
set aside just because the convictions that were the basis of the
discipline were later set aside. The Court noted that the dentist knew
that he had a habeas writ petition on file, but chose to stipulate to the
decision to avoid a hearing and did not seek to make his stipulated
decision conditional as to his writ petition.
