In re the Disability Proceeding against Keefe

Summary

The Washington Supreme Court affirmed the Washington State Bar Association Disciplinary Board’s transfer of attorney John M. Keefe to disability inactive status. The court held that substantial evidence supported findings that Keefe’s delusional beliefs and impaired reasoning prevented him from competently practicing law and defending himself in the disciplinary proceeding. The court also upheld the admission of expert testimony based on documentary evidence because Keefe had refused to submit to an independent mental examination.

Holdings

1. An expert may base an opinion regarding an attorney's mental capacity on documentary evidence and need not conduct an in-person examination when the information is of a type reasonably relied upon by experts in the field.
2. Substantial evidence supported the determination that Keefe's mental disability and delusional beliefs rendered him incapable of competently practicing law.
3. Substantial evidence supported the finding that Keefe was incapable of defending himself or rationally assisting counsel in the disciplinary proceeding.

Questions Presented

1. Whether substantial evidence supported the finding that Keefe lacked the mental capacity to practice law.
2. Whether substantial evidence supported the finding that Keefe lacked the capacity to defend himself against the disciplinary proceeding, with or without counsel.
3. Whether an expert psychiatric opinion based solely on documentary evidence was sufficiently supported to be admitted and relied upon.

Disposition

affirmed