Summary
The Washington Supreme Court disbarred attorney William H. Waechter for multiple lawyer trust account violations, including conversion of client funds and forging a client's signature on a check. The court held that the emotional or personal problems mitigating factor should have been considered in relation to Waechter's trust account practices, but gave it little weight and upheld disbarment. The court also held that double jeopardy principles do not apply to attorney disciplinary proceedings.
Holdings
- The Disciplinary Board erred by failing to consider the personal-or-emotional-problems mitigating factor in evaluating Waechter's trust-account practices because the evidence established a connection between his compassion fatigue and poor bookkeeping. The factor did not apply to his conversion of client funds or forgery and carried little weight overall, so it did not alter the sanction.
- Double-jeopardy protections do not apply to attorney disciplinary proceedings.
- Disbarment was proportionate and appropriate for Waechter's misconduct.
Questions Presented
- Whether the Disciplinary Board erred by failing to apply the personal-or-emotional-problems mitigating factor.
- Whether double-jeopardy principles apply to attorney disciplinary proceedings involving multiple charges based on related misconduct.
- Whether disbarment was a proportionate sanction for Waechter's misconduct.
Disposition
other
Cases Cited (31)
- In re Disciplinary Proceeding Against Kuvara, 149 Wn.2d 237, 246, 66 P.3d 1057 (2003)(followed)
- In re Disciplinary Proceeding Against Poole, 156 Wn.2d 196, 208-09, 125 P.3d 954 (2006)(followed)
- In re Disciplinary Proceeding Against Guarnero, 152 Wn.2d 51, 58, 93 P.3d 166 (2004)(followed)
- In re Disciplinary Proceeding Against Cramer, 165 Wn.2d 323, 331-32, 198 P.3d 485 (2008)(followed)
- In re Disciplinary Proceeding Against Longacre, 155 Wn.2d 723, 744, 122 P.3d 710 (2005)(followed)
- In re Disciplinary Proceeding Against Holcomb, 162 Wn.2d 563, 591, 173 P.3d 898 (2007)(followed)
- In re Disciplinary Proceeding Against Poole, 164 Wn.2d 710, 733-34, 193 P.3d 1064 (2008)(followed)
- In re Disciplinary Proceeding Against Schwimmer, 153 Wn.2d 752, 760-61, 108 P.3d 761 (2005)(followed)
- Anthis v. Copland, 173 Wn.2d 752, 760, 270 P.3d 574 (2012)(followed)
- In re Welfare of Colyer, 99 Wn.2d 114, 119, 660 P.2d 738 (1983)(followed)
Showing top 10 of 31.
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…