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Kyle W. Nolte (WSBA No. 27073, admitted 1997), of Spokane Valley, was ordered to receive a reprimand on June 18, 2009, following approval of a stipulation by a hearing officer. This discipline was based on conduct involving failing to disclose a prior disciplinary sanction on his applications to serve as a Rule 9 supervising lawyer.
On December 3, 2004, Mr. Nolte received a reprimand from the Association for his misconduct while serving as an officer in the United States Air Force Judge Advocate General Department. In 2006, 2007, and 2008, Mr. Nolte signed a Declaration of Supervising Lawyer and agreed to act as the supervising lawyer for a legal intern under Rule 9(d) of the Admission to Practice Rules (APR). Mr. Nolte’s declarations were forwarded to the Association as part of the admission process for a Rule 9 legal intern. At all relevant times, APR 9 (Legal Interns) subsection (d) (Supervising Lawyer) included the proviso: “If a disciplinary sanction has been imposed upon the lawyer within the 5 years immediately preceding approval of the application, the Board of Governors shall have the discretion to accept or reject the lawyer as a supervising lawyer.” The Declaration of Supervising Lawyer that Mr. Nolte signed in 2006, 2007, and 2008, included the following paragraph: “I, ____ , Bar No. ____, hereby certify as follows: (1) I am an active member in good standing of the Washington State Bar Association and have had no disciplinary sanctions imposed in the last five years.”
Before Mr. Nolte completed the 2006 declaration, he called and asked the Association whether he could serve as a supervising lawyer and if so, how he should complete the Declaration of Supervising Lawyer. Mr. Nolte was advised to indicate he had received prior disciplinary action on the declaration form. On May 19, 2006, Mr. Nolte signed, under penalty of perjury, a Declaration of Supervising Lawyer to act as the Rule 9 supervisor by filling in his name and number and altering paragraph (1) by crossing out the word “no” and adding his initials. The Association’s Regulatory Services Department (RSD) approved the application, and Intern A worked in Mr. Nolte’s law office as a Rule 9 legal intern.
On March 6, 2007, Mr. Nolte signed a second declaration under penalty of perjury to serve as a Rule 9 supervising lawyer for Intern B On this declaration, he failed to cross out the word “no” or otherwise indicate that he had a disciplinary sanction imposed in the last five years. RSD approved the application, and Intern B worked in Mr. Nolte’s law office as a Rule 9 legal intern.
On July 23, 2008, Mr. Nolte signed a third declaration under penalty of perjury to serve as a Rule 9 supervising lawyer for Intern C. Again, on this declaration he did not cross out the word “no” or otherwise indicate he had a disciplinary sanction imposed in the last five years. In August 2008, RSD denied Mr. Nolte’s request to serve as Intern C’s Rule 9 supervising lawyer and referred the matter to the Association’s Office of Disciplinary Counsel.
Mr. Nolte’s conduct violated RPC 8.1, prohibiting a lawyer in connection with a bar admission or reinstatement application from knowingly making a false statement of material fact or failing to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter.
Linda B. Eide represented the Bar Association. Kurt M. Bulmer represented Mr. Nolte. David Laurence Broom was the hearing officer. |