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James K. Naito (WSBA No. 33636, admitted 2003), of Clallam Bay, was disbarred, effective January 20, 2009, by order of the Washington State Supreme Court following approval of a stipulation. This discipline is based on conduct involving the commission of a criminal act.
On or about March 25, 2008, Mr. Naito hit his wife on the back of the head with a five-pound barbell weight, fracturing her skull. On July 8, 2008, the Thurston County Prosecutor filed an Amended Information charging Mr. Naito with violating RCW 9A.36.011(1)(a)/RCW 10.99.020 (first-degree assault/domestic violence) based on the incident described above. This offense is a Class A felony. On the same day, he pleaded guilty to the Amended Information. The court sentenced Mr. Naito to a term of 93 months in prison, followed by 36 to 43 months in community custody.
Mr. Naito’s conduct violated RPC 8.4(b), prohibiting a lawyer from committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects; and RPC 8.4(i), prohibiting a lawyer from committing any act involving moral turpitude, or corruption, or any unjustified act of assault or other act which reflects disregard for the rule of law, whether the same be committed in the course of his or her conduct as a lawyer, or otherwise, and whether the same constitutes a felony, misdemeanor or not.
Joanne S. Abelson represented the Bar Association. James K. Naito represented himself. |