In re Juarez

• Decision Date: 14 June 2001
• Docket Number: No. 05686-2.,05686-2.
• Citation: 143 Wash.2d 840,24 P.3d 1040
• Court: Washington Supreme Court
• Parties: In the Matter of the Disciplinary Proceeding Against Santiago Eduardo JUAREZ, an Attorney at Law.

24 P.3d 1040

143 Wash.2d 840

In the Matter of the Disciplinary Proceeding Against Santiago Eduardo JUAREZ, an Attorney at Law.

No. 05686-2.

Supreme Court of Washington, En Banc.

Argued February 27, 2001.

Decided June 14, 2001.

Leland G. Ripley, Attorney at Law, Seattle, WA, for Santiago Eduardo Juarez.

Washington State Bar Association, Jonathan Henry Burke, Seattle, WA, for State Bar Association.

SMITH, J.

Santiago Eduardo Juarez, an attorney at law, asks this court to review the determination of the Disciplinary Board of the Washington State Bar Association that he be suspended from the practice of law for 18 months and that he continue the practice of law as a member of the Washington State Bar Association only on the condition that he be supervised by another attorney licensed to practice in the State of Washington. We granted review. We approve the determination by the Disciplinary Board.

QUESTION PRESENTED

The question presented in this case is whether the Disciplinary Board had sufficient facts to justify its conclusions and whether the Board imposed an appropriate sanction against Santiago Eduardo Juarez, applying the presumptive sanctions recommended by the ABA Standards for Imposing Lawyer Discipline.

STATEMENT OF FACTS

Respondent Santiago Eduardo Juarez was admitted to the practice of law in the State of Washington on October 25, 1974.¹ A formal complaint filed by Disciplinary Counsel of the Washington State Bar Association on April 24, 1998 charged him with misconduct in 11 counts involving personal and client matters.²

Under Rule of Lawyer Discipline (RLD) 4.10 a hearing was held before Kelby D. Fletcher, Hearing Officer, on October 21, 22 and 29, 1998 at the offices of the Washington State Bar Association in Seattle, Washington.³

Respondent Juarez asks this court to determine the correctness of findings of fact, conclusions of law and sanctions recommended by the Disciplinary Board of the Washington State Bar Association, the majority of whom, by a vote of 11-1, agreed with the findings, conclusions and recommendations of the hearing officer. The scope of this review, necessitates verbatim recitation of substantially the entire text of the complaint and the findings of fact, conclusions of law and recommended sanctions.

The complaint included the following charges (excluding the Dorsey Matter):

Respondent's Traffic Matter:

COUNT I: Respondent's conduct in failing to appear in court at scheduled hearings in his criminal cases as required by CrRLJ 3.4(a) and by Renton Municipal Court violated Rule of Professional Conduct ("RPC") 3.4(c), and subjects Respondent to discipline pursuant to RLD 1.1(f) and/or RLD 1.1(b).

Respondent's Prior Suspension Matter:

COUNT II: Respondent's failure to submit a sworn affidavit reciting his compliance with the duties upon suspension and disclosing the names and addresses of clients, parties, or courts notified of the suspension and attaching the letter(s) to them violated RLD 8.3 and subjects Respondent to discipline pursuant to RLD 1.1(j).

The Joaquin Vaca (aka Joaquin Baca-Amescua) Matter:

COUNT III: Respondent's failure to pay $1,000 to the Lawyer's [F]und for Client Protection by March 27, 1996 as he represented in obtaining reinstatement of his license to practice law constitutes an act of dishonesty, deceit, and/or misrepresentation in violation of [RPC] 8.4(c) and subjects Respondent to discipline pursuant to RLD 1.1(i) and/or RLD 1.1(f) and/or RLD 1.1(j).

COUNT IV: Respondent's failure to timely respond to Disciplinary Counsel's request for response to the grievance that Respondent did not comply with his representation to the Lawyer's Fund for Client Protection violated RLD 2.8 and subjects Respondent to discipline pursuant to RLD 1.1(j).

The James Neal Suichang Matter:

COUNT VII:⁴ Respondent's failure to diligently pursue Mr. Suichang's appeal violated [Rules of Professional Conduct] RPC 1.3, and subjects Respondent to discipline pursuant to RLD 1.1(j).

COUNT VIII: Respondent's failure to promptly turn over Mr. Suichang's file to WADA [Washington Appellant Defender Association] upon his suspension violated RLD 8.1(a)(4), and subjects Respondent to discipline pursuant to RLD 1.1(i) and/or violated RPC 1.15(d), and subjects Respondent to discipline pursuant to RLD 1.1(j).

COUNT IX: Respondent's failure to notify the Court of Appeals of his suspension violated RLD 8.1(a)(2), and subjects Respondent to discipline pursuant to RLD 1.1(j).

COUNT X: Respondent's failure to pay the terms imposed by the Court of Appeals violated RPC 3.4(c), and subjects Respondent to discipline pursuant to RLD 1.1(i).

Respondent's Unfitness to Practice Law Matter:

COUNT XI: Respondent's conduct as described in paragraphs 1-150 above demonstrates that Respondent is unfit to practice law and subjects Respondent to discipline pursuant to RLD 1.1(p).⁵

On August 11, 1998, Hearing Officer Fletcher approved a stipulation for bifurcation of the disciplinary proceedings under RLD 4.12(b).⁶

On December 9, 1998, Hearing Officer Fletcher signed findings of fact and conclusions of law.⁷ The findings of fact (excluding the Dorsey Matter) stated:

1.1 The operative facts are not generally disputed. Respondent admitted the vast majority of assertions found in the formal Complaint. Bar counsel voluntarily dismissed counts V and VI of the formal Complaint. Because of that dismissal, only paragraphs 25, 27, 36, 37, 39, 40, 59, 60, 120, 127, 131, 144, 145 through 148, and 151 were disputed in whole or in part.⁸

COUNT I

2.1 Respondent was twice stopped in 1993 while driving a car without a license. After the first offense, he failed to appear for his arraignment. He was then arrested for that, posted bail, released and waived arraignment. After the second citation, respondent waived arraignment and sought to consolidate the pretrial hearings in both cases to September 1, 1993. This was granted by a judge of Renton Municipal Court. Respondent was then acting without benefit of counsel.

2.2 On August 31, 1993 a lawyer, Frank Calero, appeared and moved to continue the September 1, 1993 pretrial hearing because of professional obligations in court for himself and respondent, his client. Neither respondent nor Mr. Calero appeared on September 1, 1993 when the court granted the motion to continue the pretrial hearings in both traffic cases to September 15, 1993.

2.3 Neither respondent nor his lawyer appeared in Renton Municipal Court on September 15, 1993. The court forfeited bail on the earlier failure to appear on the matter and issued another bench warrant which resulted in respondent's arrest on October 13, 1993.

2.4 After respondent pled guilty to the two traffic offenses, a sentencing date of March 10, 1994 was set. On that date, neither respondent nor his lawyer personally appeared. However, calls were made to court on March 9, 1994 and on March 10, 1994 indicating that respondent had to be in King County Superior Court to represent a client and could not personally appear in the sentencing court. Municipal court judges usually accommodate counsel who are scheduled to appear in their courts and in superior or federal courts. Sentencing was then deferred to April 14, 1994, but on that date neither respondent nor his lawyer appeared because they were in other courts. The formal complaint does not charge with respect to the April 14, 1994 failure to appear.

2.5 Respondent's failure to appear at an arraignment and at a pretrial hearing on September 15, 1993 exhibited reckless disregard for obligations owed to a court which had personal jurisdiction over him. However, it has not been demonstrated by a clear preponderance of the evidence that respondent knowingly disobeyed his obligation to appear in court. Respondent's failure to appear on September 1, 1993 and March 10, 1994 and April 14, 1994 demonstrated disregard for court obligations due to conflicting professional obligations.

COUNT II

3.1 Respondent entered into a written stipulation for discipline in December 1994. The stipulation required a payment plan for restitution of money owed to a client and for suspension of respondent's license to practice law for one year. The Washington Supreme Court approved the stipulation by way of an order dated February 15, 1995. The order required suspension of respondent's license "effective immediately" and allowed reinstatement upon completion of specified conditions.

3.2 Upon receipt of the Supreme Court's order, the Washington State Bar Association sent a letter to respondent in care of his lawyer. The letter advised him of his obligations under Title 8 of the Rules of Lawyer Discipline (RLD) arising from the suspension of his license to practice law. In a letter to respondent mailed on February 27, 1995, his lawyer advised respondent immediately to stop practicing law in Washington state and to comply with the requirements of the RLD. The letter also informed respondent, "There are steps we must go through and an affidavit which must be filed." A copy of the Bar Association letter of February 17, 1995 was enclosed with this letter.

3.3 On February 21, 1995, respondent wrote to the Pierce County Sheriff advising that he then represented an individual, Montalvo, in a forfeiture action. At the time respondent received his lawyer's letter sent on February 27, 1995, respondent was representing an individual, James Neal Siuchang,⁹ in an appeal of a criminal conviction for conspiracy to commit murder.

3.4 Respondent failed timely to file an affidavit of compliance required by RLD 8.3. Compliance with that rule was required because at the time respondent received notification from his lawyer of his suspension he was in an attorney-client relationship with at least two individuals. Even if respondent was not involved in such a relationship at that time, he was obligated to file an affidavit reflecting that fact. Respondent knew or should have known of the duties imposed upon him due to the

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