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Colleen A. Hartl (WSBA No. 18051, admitted 1988), of Federal Way, was ordered to receive a reprimand on June 2, 2010, following approval of a stipulation by the Disciplinary Board. This discipline was based on conduct involving misrepresentation of facts in a disciplinary proceeding and attempting to influence witness testimony.
Ms. Hartl was a municipal court judge from May 14, 2007, until December 18, 2007. On December 14, 2007, Ms. Hartl hosted a holiday party at her home, which was attended by several municipal court employees. During the course of the party, Ms. Hartl revealed to a group of court employees that she had a sexual encounter with one of the contract public defenders who frequently appeared before her in court. On December 17, 2007, Ms. Hartl contacted the Commission on Judicial Conduct (Commission) and reported that, at her holiday party for court staff on the preceding Friday, she told some members of her court staff that she had "gone out for drinks one time" with one of the public defenders and that "some flirtation" had occurred. Ms. Hartl assured the Commission that that was the extent of her disclosure to court employees at her party. Upon further questioning, Ms. Hartl assured the Commission that her relationship with the public defender involved only drinks, flirtation, and some discussion about "getting together for a date" in the future. Ms. Hartl unequivocally stated that no further inappropriate activity with the public defender had occurred, and that she had not told staff at the party that anything more than verbal flirtation had taken place.
Later in the day on December 17, 2007, Ms. Hartl left a voice message for the municipal court administrator, who was present at the party. In her voice message, Ms. Hartl advised the administrator that she had just contacted the Commission and told them that she and the public defender had gone out for drinks, flirted, talked about dating, and text messages. Ms. Hartl asked the administrator to pass that information along to the other clerks who were present at her party and to let her know if she should "add to that or if they would support that version."
On December 18, 2007, Ms. Hartl resigned her position as municipal court judge. The Commission investigated Ms. Hartl's self-reported complaint and, subsequently, served her with a Statement of Allegations on February 8, 2008. It alleged that her submission of facts and details during her telephone call to the Commission was evasive and misleading, and that her message to the former court administrator appeared to be an attempt to influence the statements and testimony of witnesses in Commission proceedings. On March 14, 2008, Ms. Hartl answered the Statement of Allegations and acknowledged that she had sexual contact with a public defender, but denied attempting to induce anyone to be dishonest with the Commission. On August 1, 2008, Ms. Hartl entered into a Stipulation, Agreement and Order of Censure with the Commission. Ms. Hartl was required to appear in person before the Commission, which found that her conduct violated the Code of Judicial Conduct in a manner that detrimentally affects the integrity of the judiciary and undermines public confidence in the administration of justice. A censure is the most severe disciplinary action the Commission can issue without Supreme Court action. There was no evidence that Ms. Hartl's contacts with the public defender resulted in a more favorable outcome to him or his clients.
Ms. Hartl's conduct violated RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; and RPC 8.4(d), prohibiting a lawyer from engaging in conduct that is prejudicial to the administration of justice.
Debra J. Slater represented the Bar Association. Ms. Hartl represented herself. |