THESE NOTICES OF THE IMPOSITION OF DISCIPLINARY SANCTIONS AND ACTIONS are published pursuant to Rule 3.5(c) of the Washington Supreme Court Rules for Enforcement of Lawyer Conduct. Active links to directory listings, RPC definitions, and documents related to the disciplinary matter can be found at the links below or by looking up the respondent in the legal directory on the WSBA website (www.wsba.org) and then scrolling down to “Discipline History.”
As some WSBA members share the same or similar names, please read all disciplinary notices carefully for names, cities, and bar numbers.
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Disbarred
Brian Conroy Read (WSBA No. 34091, admitted 2003) of Everett, was disbarred, effective 6/25/2021, by order of the Washington Supreme Court. Read’s conduct violated the following Rules of Professional Conduct: 1.15A (Safeguarding Property), 1.15B (Required Trust Account Records), 8.4(d) (Prejudicial to the Admin of Justice), 8.4(l) (ELC Violation).
In relation to his solo practice focused on landlord-tenant law, specifically evictions, Read stipulated to disbarment for: 1) converting client funds for his own benefit without entitlement to the funds; 2) using one client’s funds on behalf of another and by disbursing funds in excess of the amounts clients had on deposit; 3) failing to promptly pay or deliver funds that clients or third persons were entitled to receive; 4) failing to maintain a complete and current register and client ledgers; 5) failing to perform bank statement and client ledger reconciliations for the trust account; 6) disbursing funds from the trust account before deposit(s) cleared the banking process; and 7) failing to promptly respond to the Office of Disciplinary Counsel’s requests for information and records.
Marsha Matsumoto acted as disciplinary counsel. Brian Conroy Read represented himself. Joseph M. Mano, Jr. was the hearing officer. Nadine Darlene Scott was the settlement hearing officer. The online version of Washington State Bar News contains links to the following documents: Disciplinary Board Order Approving Stipulation to Disbarment; Stipulation to Disbarment; and Washington Supreme Court Order.
Suspended
James Egan (WSBA No. 28257, admitted 1998) of Seattle, was suspended for three months, effective 7/22/2021, by order of the Washington Supreme Court. The lawyer’s conduct violated the following Rules of Professional Conduct: 3.1 (Meritorious Claims and Contentions), 4.4 (Respect for Rights of Third Person), 8.2 (Judicial and Legal Officials).
In relation to his actions advising and assisting a litigant in a family law matter, Egan stipulated to suspension for: 1) asserting frivolous issues in the motions, requests, notices, remarks, and other papers that he filed, delivered, or attempted to deliver to a judge; 2) using means that had no substantial purpose other than to embarrass, delay, or burden multiple judges; and 3) making statements that he knew to be false or with reckless disregard as to truth or falsity con-cerning the qualifications, integrity, or record of a judge.
Scott G. Busby and Henry Cruz acted as disciplinary counsel. Kurt M. Bulmer represented Respondent. Anthony Angelo Russo was the hearing officer. Donald W. Carter was the settlement hearing officer. The online version of Washington State Bar News contains links to the following documents: Disciplinary Board Order Approving Stipulation to Suspension; Stipulation to Suspension; and Washington Supreme Court Order.
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Melissa Blythe Jaffe (WSBA No. 46036, admitted 2013) of Seattle, was suspended for 120 days, effective 3/30/2021, by order of the Washington Supreme Court imposing reciprocal discipline in accordance with an order of the Supreme Court of the state of Oregon. For more information, see https://www.osbar.org/_docs/dbreport/2021/JAFFEMelissaBlythe19-64.pdf. Henry Cruz acted as disciplinary counsel. Melissa Blythe Jaffe represented herself. The online version of Washington State Bar News contains a link to the following document: The Washington Supreme Court Order.
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Donna L. Johnston (WSBA No. 23630, admitted 1994) of Renton, was suspended for nine months, effective 6/30/2021, by order of the Washington Supreme Court. The lawyer’s conduct violated the following Rules of Professional Conduct: 1.3 (Diligence), 1.4 (Communication), 3.3 (Candor Toward the Tribunal), 8.4(c) (Dishonesty, Fraud, Deceit or Misrepresentation), 8.4(d) (Prejudicial to the Admin of Justice).
In relation to her representation of client A in a criminal matter, and client B in a personal injury matter, Johnston stipulated to suspension for: 1) failing to appear at one or more of client A’s court hearings; 2) making misrepresentations to the court and to client A; 3) failing to communicate with client B; and 4) failing to promptly finalize the settlement of client B’s matter.
Henry Cruz and Francesca D’Angelo acted as disciplinary counsel. Anne I. Seidel represented Respondent. Timothy Michael Moran was the hearing officer. Bradley R. Duncan was the settlement hearing officer. The online version of Washington State Bar News contains links to the following documents: Disciplinary Board Order Approving Stipulation to Suspension; Stipulation to Suspension; and Washington Supreme Court Order.
Reprimanded
Marne B. Whitney (WSBA No. 41606, admitted 2009) of Las Vegas, NV, was reprimanded, effective 6/07/2021, by order of the Chief Hearing Officer. Whitney’s conduct violated the following Rules of Professional Conduct: 1.7 (Conflict of Interest: Current Clients), 1.8 (Conflict of Interest: Current Clients: Specific Rules).
In relation to her work as a public defender representing parties charged with crimes by the city of Marysville, Whitney stipulated to a reprimand for engaging in an intimate relationship with a prosecutor at the Marysville City Attorney’s Office who was representing a party adverse to Respondent’s clients.
Joanne S. Abelson acted as disciplinary counsel. Kenneth Scott Kagan represented Respondent. The online version of Washington State Bar News contains links to the following documents: Order Approving Stipulation to Reprimand; Stipulation to Reprimand; and Notice of Reprimand.
Interim Suspension
Douglas Lowell Davies (WSBA No. 16750, admitted 1987) of Bainbridge Island, is suspended from the practice of law in the state of Washington pending the outcome of supplemental proceedings, effective 5/27/2021, by order of the Washington Supreme Court. This is not a disciplinary sanction.
Dave Hawkins (WSBA No. 23064, admitted 1993) of Seattle, is suspended from the practice of law in the state of Washington pending the outcome of supplemental proceedings, effective 6/23/2021, by order of the Washington Supreme Court. This is not a disciplinary sanction.
Transfer to Disability Inactive Status
Antoinette Marie Ursich (WSBA No. 13667, admitted 1983) of Spokane, was by stipulation transferred to disability inactive status, effective 5/17/2021. This is not a disciplinary action.
Notice of Hearing on Petition for Reinstatement of Paul Eugene Simmerly
A petition for reinstatement after disbarment has been filed by Paul Eugene Simmerly (WSBA No. 10719), who was admitted in 1980 and disbarred in 2012. A hearing on Simmerly’s petition will be conducted before the Character and Fitness Board on Friday, September 24, 2021. Anyone wishing to do so may file with the Character and Fitness Board a written statement for or against reinstatement, setting forth factual matters showing that the petition does or does not meet the requirements of Washington State Supreme Court Admission and Practice Rule (APR) 25.5(a). Except by the Character and Fitness Board’s leave, no person other than the petitioner or petitioner’s counsel shall be heard orally by the Board.
Communications to the Character and Fitness Board should be sent to Renata de Carvalho Garcia, Counsel to the Character and Fitness Board, Washington State Bar Association, 1325 Fourth Ave., Ste. 600, Seattle, WA 98101-2539, or to renatag@wsba.org. This notice is published pursuant to APR 25.4(a).