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Michael B. Markham (WSBA No. 11388, admitted 1980), of Seattle, has been suspended for one year, following a hearing, by order of the Supreme Court dated February 29, 2000. The discipline is based upon his felony conviction of attempting to evade income taxes and subsequent probation violations.
On May 9, 1997, Mr. Markham pleaded guilty to one count of attempting to evade income taxes, a felony. On July 25, 1997, the Court sentenced Mr. Markham to three years’ probation with conditions, including mandatory drug testing. On September 9, 1997, the probation officer alleged that Mr. Markham violated his probation by using heroin. The Court adopted an agreed probation modification requiring Mr. Markham to reside at a community corrections center for up to 120 days. On December 23, 1997, the probation officer alleged that Mr. Markham had again violated his probation by using heroin and being terminated by the community corrections center. The Court revoked Mr. Markham’s probation and sentenced him to four months’ incarceration followed by two years of supervised release. On May 29, 1998, Mr. Markham was placed on home confinement with electronic monitoring, after admitting that he traveled outside the district without approval of his probation officer. On August 19, 1998, Mr. Markham admitted to consuming heroin on six dates in June 1998, failing to submit to required drug testing in June 1998, and being arrested on July 9, 1998 for driving under the influence of drugs or alcohol and possessing narcotics and narcotic paraphernalia. As a result of these violations, the Court revoked Mr. Markham’s supervised release and sentenced him to 12 months and one day of imprisonment at the SeaTac Federal Detention Center. Mr. Markham completed his sentence and has been released.
Mr. Markham’s conduct violated RPC 8.4 (b), prohibiting committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects; 8.4 (c), prohibiting engaging in conduct involving dishonesty, fraud, deceit or misrepresentation; RLD 1.1(c), subjecting a lawyer to disciplinary sanctions for violating his or her duties as a lawyer; and RLD 1.1(p), subjecting a lawyer to disciplinary sanctions for conduct demonstrating unfitness to practice.
Leslie Allen represented the Bar Association. Kurt Bulmer represented Mr. Markham. The hearing officer was Kimberly Boyce.
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