In re Jensen

• Decision Date: 29 November 2018
• Docket Number: No. 201,706-1,201,706-1
• Parties: In the MATTER OF the DISCIPLINARY PROCEEDING AGAINST Russell James JENSEN, Jr., an Attorney at Law.
• Court: Washington Supreme Court

430 P.3d 262

In the MATTER OF the DISCIPLINARY PROCEEDING AGAINST Russell James JENSEN, Jr., an Attorney at Law.

No. 201,706-1

Supreme Court of Washington.

Argued September 20, 2018

Filed November 29, 2018

Amended January 7, 2019

Russell James Jensen, Jr., 1517 Dawn Circle, Arden Hills, MN 55112-1980, Pro Se.

Joanne S. Abelson, Washington State Bar Association, 1325 4th Avenue, Suite 600, Seattle, WA 98101-2539, for Respondent.

FAIRHURST, C.J.

¶ 1 This attorney disciplinary action arises out of Russell James Jensen Jr.'s conduct during his own divorce proceedings. Jensen repeatedly violated court orders, engaged in frivolous litigation, made misrepresentations to the court, and made threatening and harassing contacts with parties that he knew to be represented by counsel. He also refuses to accept responsibility for his misconduct. He acknowledges that the protracted litigation has harmed his wife but seems unable to recognize that his own actions were the source of her injuries. Nor did he see fit to show up to his own disciplinary hearing.

¶ 2 Following testimony from his wife, her brother, and her attorney, the Washington State Bar Association (WSBA) hearing officer found that Jensen violated the Rules of Professional Conduct (RPC) and recommended disbarment. The WSBA Disciplinary Board (Board) unanimously adopted the hearing officer's recommendation. We adopt the Board's recommendation and disbar Jensen from the practice of law.

I. FACTS AND PROCEDURAL HISTORY

A. Factual background

¶ 3 Jensen was admitted to practice law in Washington on October 27, 2008. On August 15, 2013, Jensen's wife, Therese Jensen,¹ filed for dissolution of marriage in Snohomish County Superior Court. Therese and Jensen owned their family home in Mukilteo. Therese has severe multiple sclerosis and was dependent on Jensen for care. After filing for dissolution, Therese moved to Nebraska.

1. The Mukilteo house

¶ 4 On December 24, 2013, the superior court entered an order granting Therese control and authority to list the Mukilteo house for sale. Therese contacted listing agent Leanne Finlay to help sell the Mukilteo house. In January 2014, Jensen placed a "for sale by owner" sign on the front lawn. He refused Finlay's request to remove his sign. When workers later came to install Finlay's "for sale" sign, Jensen became irate and tore the post out of the ground. Jensen also placed a Post-it Note on the front door of the Mukilteo house, stating, "Buyer Beware Title is unlikely to be cleared for A sale—call [Jensen's phone number]." Ex. A-208; Findings of Fact, Conclusions of Law and Hr'g Officer's Recommendation (FFCL) 22. On January 22, 2014, Jensen sent an e-mail to Finlay and to Therese's attorney telling them that they could not sell the home.

¶ 5 On February 10, 2014, the superior court found that Jensen had "obstruct[ed] the listing and sale of the Mukilteo residence," and it ordered Jensen to "fully cooperate with the sale of the Mukilteo residence up to [the] point of signing closing document." Ex. A-220; FFCL 27. At the hearing, Jensen agreed to cooperate. On February 11, 2014, Jensen filed a motion for revision in which he falsely stated that he had "made no efforts of any kind" to obstruct Therese's efforts to list and show the home. Ex. A-222; FFCL 28-29. On February 12, 2014, Finlay declared to the superior court that Jensen's "for sale by owner" sign was still on the lawn.

¶ 6 Therese received a written offer to buy the Mukilteo house. On February 14, 2014, Jensen phoned the buyer's agent. Jensen told the agent that he intended to block the sale by refusing to sign the sale documents. Jensen then offered to sign the documents if the buyer agreed to pay Jensen an extra $50,000 outside of the sale and escrow process. Jensen instructed the agent not to tell anyone about his offer. The agent declined his offer.

¶ 7 On February 20, 2014, the superior court denied Jensen's motion for revision. On March 7, 2014, the superior court entered an order (1) approving the pending sale of the house, (2) ordering Jensen to "execute any and all necessary documents to effectuate the closing of the sale," (3) authorizing Therese to sell the home unilaterally if Jensen refused to sign documents, and (4) ordering Jensen to "remove himself and his personal belongings" from the house. Ex. A-235; FFCL 38. Jensen filed another motion for revision. The superior court denied it and ordered Jensen to vacate the premises. Jensen vacated the house.

¶ 8 Jensen filed an emergency request with the Court of Appeals to stay the superior court's order. Jensen and Therese filed multiple briefs; in addition to oral argument, there were two emergency hearings. On April 17, 2014, the Court of Appeals terminated review, finding that Jensen had consented to the sale and there was no basis for discretionary review, and awarded Therese attorney fees. Jensen still refused to sign the documents, and the buyer backed out of the sale. The stress of these events exacerbated Therese's multiple sclerosis symptoms.

¶ 9 A second buyer made an offer on the house. On May 14, 2014, Jensen signed an agreement under CR 2A awarding the Mukilteo house to Therese and agreeing to transfer real property to her without further litigation, delay, appeal, or clouding of title. Jensen then conveyed the house to Therese by quitclaim deed but listed his name incorrectly on the deed. Jensen refused the title company's request to correct the deed and threatened to sue the title company. On June 30, 2014, the superior court ordered Jensen to execute the closing documents by close of the business day. Jensen did not comply. On July 9, 2014, the superior court sanctioned Jensen for failing to cooperate in the closing and for creating further litigation and delay.

¶ 10 Therese eventually convinced a second title company to close the sale with the existing quitclaim deed, but only after agreeing to indemnify it. Jensen then wrote letters to the buyers and their mortgage company, claiming that the sale was void and that he might still own the house.

¶ 11 On September 23, 2014, the superior court entered a decree of dissolution. Jensen then filed an appeal, asking the Court of Appeals to overturn all superior court orders that led to the sale of the house, including the final decree. On December 1, 2014, the superior court entered a judgment in the amount of $19,290.55 against Jensen for attorney fees and debts owed to Therese. As of the disciplinary hearing, Jensen had not paid the judgment.

¶ 12 On July 10, 2015, following a motion by Therese, the superior court entered an order finding that Jensen had engaged in vexatious litigation against Therese and requiring that Jensen post a $10,000 bond before filing further pleadings. Even at oral argument, Jensen continued to argue that the superior court lacked authority to compel the sale.

2. The Savage property

¶ 13 Prior to their marriage dissolution, the Jensens also jointly owned stock in Apollo Land Company, whose sole asset was a parcel of real property in Savage, Minnesota. After vacating the Mukilteo house in spring 2014, Jensen moved to Arden Hills, Minnesota. Jensen changed the mailing addresses filed with the state of Minnesota regarding the Savage property so that real property tax notices for the Savage property—including delinquency notices—were sent to his Arden Hills home.

¶ 14 On May 9, 2014, the Savage property was sold to the state of Minnesota to pay delinquent real property taxes. On May 14, 2014, the Jensens signed an agreement under CR 2A, see supra at section I.A.l, that awarded the Apollo stock to Jensen.

¶ 15 On August 20, 2014, Jensen registered the newly formed M.J. Scott Company with the Minnesota secretary of state, listing himself as its registered agent. On September 8, 2014, Jensen, through the M.J. Scott Company, repurchased the Savage property for $500 or less.

¶ 16 On September 19, 2014, Jensen filed a signed declaration with the superior court, stating (1) that Therese had lost the Savage property by failing to pay property taxes, (2) that this had rendered the Apollo stock awarded to him under the CR 2A agreement worthless, and (3) that he was entitled to $150,000 compensation for that loss. Jensen did not disclose that the delinquency notices were sent to his home address (not Therese's) or that he had repurchased the Savage property for under $500. Nor did Jensen disclose these facts at a September 23, 2014 hearing on the motion to which his declaration related. Instead, it was Therese's attorney who informed the superior court of these facts after having discovered them herself. The superior court denied Jensen compensation for the alleged loss of the Savage property.

3. Communication with represented parties (Therese and James Brown)

¶ 17 The Jensens also owned other real property in Minnesota, some of it jointly with Therese's brother, James Brown. Jensen, Therese, and Brown engaged in litigation in Minnesota related to these properties. Therese and Brown were represented in Minnesota by attorneys Stanford Hill and Daniel Olson; Therese was represented in Washington by attorney Sabrina Layman.

¶ 18 Jensen, while acting pro se, repeatedly wrote letters and e-mails to Therese and Brown. These communications included threats—for example, that Brown would go to jail and that if Jensen were disbarred, Therese's alimony would be lowered. Jensen knew that Therese and Brown were represented because he copied their attorneys on these communications. Jensen also harassed the attorneys, calling Olson a "shill" and Layman "dirtball scum." Ex. A-508; FFCL 92. Layman, Hill, and Olson all asked Jensen to stop communicating with their clients, and Brown asked Jensen to stop communicating directly with him.

4. Further litigation

¶ 19 Jensen continued to litigate in Minnesota. On April 28, 2015, Minnesota's Anoka County District Court granted Therese and Brown's motion for sanctions against Jensen. The court found that Jensen had made misrepresentations...