In re Disciplinary Proceeding Against Sandra L. Ferguson

Summary

The Washington Supreme Court upheld a 90-day suspension imposed on attorney Sandra L. Ferguson for appearing ex parte in a contested property matter without notice, failing to disclose relevant facts, and obtaining contempt and restitution relief through misrepresentations. The court concluded that substantial evidence supported the disciplinary findings and that the sanction and reduced cost assessment were appropriate.

Holdings

1. Substantial evidence supported the Board's findings of fact, and those findings supported its conclusions that Ferguson committed all three charged violations.
2. The order was not a valid temporary restraining order under CR 65(b); it was preliminary injunctive and contempt-related relief that required notice and a hearing.
3. The Board's recommended 90-day suspension and reprimand were appropriate and were adopted by the court.
4. The Disciplinary Board Chair did not abuse his discretion by reducing the cost assessment based on the interests of justice or by declining to reconsider the order.

Questions Presented

1. Whether substantial evidence supported the hearing officer's and Disciplinary Board's findings that Ferguson knowingly violated notice and ex parte requirements, failed to disclose relevant facts, and engaged in deception or misrepresentation.
2. Whether the ex parte order was a temporary restraining order under CR 65(b), permitting relief without notice, or instead preliminary injunctive, contempt, and CR 60 relief requiring notice and a hearing.
3. Whether a 90-day suspension was an appropriate sanction for Ferguson's misconduct.
4. Whether the Disciplinary Board Chair abused his discretion by reducing the costs assessed against Ferguson and declining to reconsider the cost order.

Disposition

affirmed