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Douglas K. Earl (WSBA No. 4025, admitted 1974), of Moses Lake, received a reprimand on June 7, 2002, based on a stipulation approved by the Disciplinary Board in January 2002. This discipline is based upon his communicating ex parte with a superior court judge about an issue then pending before the judge in 1996.
From 1996 through 2000, public defender services for Grant County Superior Court were provided according to the terms of a written contract between the law firm of Earl & Earl, Inc. PS and Grant County. Mr. Earl was the administrator of the contract, and under the terms of the contract the firm could subcontract independent lawyers to provide services, but Mr. Earl must administer the contract. Mr. Earl was required to "provide for the training, supervision, monitoring and evaluation of the subcontracted attorneys."
In March 1996, Mr. L, a criminal defendant who was represented by counsel, indicated he lacked the means to pay for his defense. On March 12, 1996, Judge S appointed a public defender to represent Mr. L, and ordered private counsel to remain as co-counsel. Based on a conflict of interest, private counsel sought to remove the public defender, and to allow himself to represent Mr. L at public expense. On May 7, the court heard Mr. L’s motion to pay attorney’s fees and costs. On May 28, Mr. Earl filed an amicus brief stating public funds should not be used to pay private counsel.
As of June 3, 1996, the Grant County commissioners had assured Mr. Earl that he would have no contract liability if private counsel was paid from public funds. On June 20, private counsel filed a motion to disqualify and/or remove the Grant County prosecutor and Grant County public defender. On July 1, 1996, the prosecuting attorney filed a motion to determine attorney’s fees.
In July 1996, Judge S was running for re-election as superior court judge. At the end of July, Mr. Earl sent the following handwritten message to the judge, written on the response form included with the campaign letter from the Committee to Re-Elect Judge S:
Judge – Until this…matter came up, I was in your corner. I cannot support you and will oppose everything until I am sure… gets nothing from public funds. When that decision is finally made, if it is, then you will be back to normal. Until then you are very w vulnerable.
Doug Earl
(Emphasis and cross-out in original.)
Mr. Earl did not send a copy of the note to private counsel or the prosecuting attorney. Judge S received the note from the re-election committee in early August 1996, when he was still the presiding judge on Mr. L’s criminal case. Subsequently, Mr. Earl apologized to Judge S for his conduct in this matter.
Mr. Earl’s conduct violated RPC 3.5(b), prohibiting lawyers from communicating ex parte with a judge, juror, prospective juror or other official, except as permitted by law.
Christine Gray represented the Bar Association. Douglas Earl represented himself.
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