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Christopher P. Bartow (WSBA No. 29559, admitted 1999), of Ellensburg, was suspended for one year, effective December 9, 2010, by order of the Washington State Supreme Court. This discipline was based on conduct involving lack of respect for rights of third persons and violations of the attorney oath.
Matter No. 1: In January 2008, Mr. Bartow represented a client in a marriage dissolution action. During the proceeding, the court appointed a guardian ad litem (GAL) to perform a parenting plan evaluation. The GAL completed her report, recommending that the opposing party retain primary custody of the children. Mr. Bartow filed a lengthy written critique of the GAL's evaluation, in which he used inflammatory language and made degrading and offensive comments regarding the GAL personally. While Mr. Bartow's filing of a written response to the GAL report was proper pursuant to RCW 26.12.175(1)(c), which permits parties to file written responses to any report filed by a court-appointed GAL, and some of the response served a legitimate purpose, much of the content was inflammatory, degrading, and inappropriate, and served no purpose other than to embarrass, delay, or burden the GAL or the court.
Mr. Bartow also obtained information from the GAL's personal dissolution file and provided that information to the Association. This information came from a file that was under seal. Although Mr. Bartow may have been unaware that this private information was under seal, it served no purpose other than to embarrass or burden the GAL.
Matter No. 2: On August 7, 2008, Mr. Bartow was representing a client in a voluntary settlement conference in a paternity action. The settlement conference was held in Judge A's courtroom. Prior to the conference, a domestic violence order had been issued restricting Mr. Bartow's client from having contact with the opposing party. Judge A began the conference by focusing on the domestic violence issue. Mr. Bartow wanted to focus on the custody and visitation schedule instead. Mr. Bartow interrupted Judge A on more than one occasion and told her he had had mediation training and that she was not conducting the conference properly. His comments towards Judge A were berating and insulting, and his manner, tone, and demeanor towards Judge A were overly loud, challenging of the judge's authority, and disrespectful. After several interruptions, speaking in an inappropriately loud and agitated manner and tone, Mr. Bartow disrupted and unilaterally terminated the conference. As he left, Judge A advised Mr. Bartow that he would be no longer permitted in her courtroom.
Mr. Bartow's conduct violated RPC 4.4(a), which prohibits a lawyer, in representing a client, from using means that have no substantial purpose other than to embarrass, delay, or burden a third person, or using methods of obtaining evidence that violate the legal rights of such a person; and RPC 8.4(k), prohibiting a lawyer from violating his or her oath as an attorney (here, by violating APR 5(e)).
Erica W. Temple represented the Bar Association. Mr. Bartow represented himself. David B. Condon was the hearing officer. |