In the Matter of the Disability Proceeding Against John M. Keefe, Attorney at Law

Summary

The Washington Supreme Court affirmed the transfer of attorney John M. Keefe to disability inactive status. The court held that substantial evidence supported findings that Keefe's mental condition prevented him from competently practicing law and from defending himself or assisting counsel in his disciplinary proceeding. The court also upheld reliance on documentary evidence and expert testimony despite Keefe's refusal to undergo an in-person mental examination.

Holdings

1. An expert psychiatrist may permissibly base an incapacity opinion on documentary evidence, including the respondent attorney's writings and transcripts, when that information provides a reasonable basis for the opinion and is of a type reasonably relied upon by experts in the field.
2. Substantial evidence supported the finding that Keefe's mental disability rendered him incapable of competently practicing law, even though the disability might affect his judgment only in particular cases related to his delusional system.
3. An attorney is not competent to defend a disciplinary proceeding when mental impairment prevents rational assistance of counsel or, when appearing pro se, prevents intelligent waiver of counsel and adequate representation; substantial evidence supported that finding as to Keefe.

Questions Presented

1. Whether substantial evidence supported the hearing officer's finding that Keefe lacked the mental capacity to practice law.
2. Whether an expert psychiatrist could provide a sufficient basis for an incapacity opinion by reviewing Keefe's writings and litigation records without conducting an in-person examination.
3. Whether substantial evidence supported the finding that Keefe lacked the capacity to defend himself in the disciplinary proceeding, with or without counsel.

Disposition

affirmed