Disciplinary Proceeding Against Rosellini, Matter of

• Decision Date: 02 July 1987
• Docket Number: No. 4974,4974
• Citation: 108 Wn.2d 350,739 P.2d 658
• Court: Washington Supreme Court
• Parties: In the Matter of the DISCIPLINARY PROCEEDING AGAINST John M. ROSELLINI, an Attorney at Law.

Page 350

108 Wn.2d 350

739 P.2d 658

In the Matter of the DISCIPLINARY PROCEEDING AGAINST John M.

ROSELLINI, an Attorney at Law.

No. 4974.

Supreme Court of Washington,

En Banc.

July 2, 1987.

Schweppe, Krug & Tausend, P.S., Frederic C. Tausend, Kenneth G. Whitaker, Seattle, for petitioner.

Washington State Bar Ass'n, Robert T. Farrell, Seattle, for Bar Association.

DOLLIVER, Justice.

John M. Rosellini, disbarred on May 20, 1982, petitions for reinstatement as an attorney in Washington. He requests review of the order of the Washington State Bar Association Board of Governors recommending against reinstatement. We grant conditional reinstatement subject to restrictions discussed below.

John M. Rosellini was admitted to the bar in 1973. Prior to his admission, he had served as a State Representative for the 34th District. He has worked as an attorney in private practice, and was the Democratic candidate for State Attorney General in 1980.

Rosellini was disbarred by this court in 1982 for misuse of his client trust account and funds. The circumstances of the conduct leading to his disbarment are recounted in In re Rosellini, 97 Wash.2d 373, 646 P.2d 122 (1982). This court in a 5-3 decision adopted the recommendation of the Disciplinary Board to disbar Rosellini. In re Rosellini, at 374, 646 P.2d 122.

Since his disbarment, Rosellini has made extensive efforts to reestablish his life, his livelihood, and his reputation in the community. After the events leading to his defeat in the race for Attorney General and disbarment, Rosellini sought professional psychiatric help in the summer of 1982 from Dr. Raymond Vath. He has received therapy regularly and continues in therapy to the present time at a reduced frequency. He has shown a steadily improving record of employment, from route salesman for a beer wholesaler, "test barn" supervisor at Longacres, real estate seller, consultant for King County, and employee in the King County real property division, to his current employment as a deputy review officer for the Washington State Employment Security Department. He obtained his real estate license after making a satisfactory showing of rehabilitation to the Department of Licensing. He has handled acquisitions, sales, and leases of property for King County.

After his disbarment, Rosellini continued to be listed as "atty" in the phone book. Rosellini stated he called the telephone company and asked for his listings as an attorney to be removed and was unaware it had not been done. Whenever others have approached him to perform legal work since his disbarment, he has informed them he was disbarred and could not accept.

Rosellini notes he has not received assistance from his self-described "prominent and well-to-do family" to help him recover financially. The record reflects he has demonstrated financial responsibility with regard to his personal obligations since his disbarment.

Rosellini petitioned for reinstatement in August of 1985. The bar association appointed Ronald E. McKinstry as special state bar counsel to conduct an investigation concerning the petition and to assure all relevant information was brought before the Board of Governors. The special counsel obtained and reviewed all relevant documentation from the bar association and from Rosellini. He took the depositions of Rosellini and Dr. Vath. Dr. Vath concluded, based on his diagnosis and the results of his treatment, it was highly unlikely Rosellini would repeat the conduct leading to his disbarment. Dr. Vath did recommend Rosellini practice with or under the supervision of other attorneys to provide additional guidance and support for him. In addition, special counsel hired two expert psychologists to evaluate Dr. Vath's conclusions. The psychologists agreed Rosellini's increased age, the punishment he received for his misconduct and the benefits of treatment supported the conclusion that Rosellini in all probability would not engage in similar misconduct. They further agreed with Dr. Vath's suggestion that Rosellini initially maintain close association with other attorneys.

Special counsel also investigated complaints filed by four individuals against Rosellini prior to his disbarment and concluded none of the complaints justified disciplinary action such as suspension or disbarment. He made extensive efforts to solicit other comment in support of or opposition to the reinstatement of Rosellini, by directly contacting Rosellini's former clients, his past and present employers, and by publication of notices soliciting comment published in the Washington State Bar News and several major newspapers throughout the state. Despite the extensive efforts to solicit comments, only four letters in opposition were received, in contrast to well over 100 letters in support of reinstatement. The letters of opposition primarily reflected not personal objections to Rosellini, but resistance to the reinstatement of any attorney disbarred for prior misconduct, particularly trust fund violations. The conclusion of special bar counsel was to recommend reinstatement. He also concluded the evidence suggested Rosellini should practice under some form of supervision, in order to implement the recommendations of Dr. Vath and the expert psychologists and to provide further protection for the public.

On February 15, 1986, the Board of Governors held a full-day hearing regarding the petition. The Board heard the testimony of several witnesses. The testimony of Rosellini comprised the major portion of the hearing. He was subjected to cross examination by special bar counsel and direct questioning by most of the members of the Board of Governors. On March 25, 1986, the Board of Governors issued an order recommending against reinstatement by an 8-to-1 vote. The Board's findings of fact stated: (1) Rosellini had shown his character, standing and professional reputation prior to disbarment was good; (2) Rosellini was sincere, frank and truthful in his presentation anddiscussion of his disbarment and potential reinstatement; and (3) it is unlikely Rosellini as a practicing attorney would in the future engage in misconduct similar to that leading to his disbarment. The Board nevertheless found, due to the gravity of his offense and the amount of time elapsed since his disbarment, that reinstatement would be detrimental to the integrity and standing of the judicial system and contrary to the public interest. In addition to the order, most of the members of the Board wrote or signed comments supporting their positions on the recommendation. Rosellini now petitions for review of the order pursuant to RLD 9.6(b).

I

The major consideration in reinstatement proceedings, as we have consistently stated, is whether the disbarred attorney has overcome those weaknesses which produced the earlier misconduct. In re Egger, 93 Wash.2d 706, 707, 611 P.2d 1260 (1980); In re Johnson, 92 Wash.2d 349, 350, 597 P.2d 113 (1979); In re Eddleman, 77 Wash.2d 42, 44, 459 P.2d 387, 461 P.2d 9 (1969). This court has specifically utilized eight criteria in making this assessment:

(a) the applicant's character, standing, and professional reputation in the community in which he resided and practiced prior to disbarment; (b) the ethical standards which he observed in the practice of law; (c) the nature and character of the charge for which he was disbarred; (d) the sufficiency of the punishment undergone in connection therewith, and the making or failure to make restitution where required; (e) his attitude, conduct, and reformation subsequent to disbarment; (f) the time that has elapsed since disbarment; (g) his current proficiency in the law; and (h) the sincerity, frankness, and truthfulness of the applicant in presenting and discussing the factors relating to his disbarment and reinstatement.

In re Eddleman, at 44, 459 P.2d 387. We turn now to review the evidence regarding each of these criteria.

(a) Applicant's character, standing, and professional reputation in the community prior to disbarment. In applying this criterion in prior cases, this court has reviewed the petitioner's community activities, letters from members of the community regarding character and professional reputation, and the existence of any other disciplinary actions against the attorney. See, e.g., In re Batali, 98 Wash.2d 610, 615, 657 P.2d 775 (1983); In re Egger, supra 93 Wash.2d at 708, 611 P.2d 1260; In re Lonergan, 23 Wash.2d 767, 773-74, 162 P.2d 289 (1945). Rosellini's community activities have reflected a consistently high reputation prior to his 1980 defeat. He served three terms in the Washington State House of Representatives and was selected by his party as the candidate for Attorney General. He was Italian Vice Consul for the Pacific Northwest and was active in the Italian community. He was and continues to be involved in various church and school activities. The numerous letters received by the bar association from colleagues, acquaintances, clients, attorneys, employers, and the public reflect an overwhelming amount of genuine regard for Rosellini's character and reputation. With regard to his bar association record, no other disciplinary actions had been taken against Rosellini prior to his disbarment although there had been four unrelated complaint letters on file. Special bar counsel thoroughly investigated each of these complaints by reviewing the records and interviewing those involved. We agree with the conclusion of special bar counsel that none of these complaints would ever have justified disciplinary action such as suspension or disbarment.

(b) Ethical standards observed in the practice of law. In reviewing this criterion, the Board of Governors below mistakenly interpreted it to include consideration of the misconduct which led to disbarment. Our opinions applying this criterion demonstrate instead an inquiry into the attorney's conduct outside of those specific events leading to disbarment....