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J. David Smith (WSBA No. 8993, admitted 1979), of Minoa, NY, was disbarred, effective January 13, 2011, by order of the Washington State Supreme Court following an appeal. This discipline is based on conduct involving the commission of crimes, dishonesty, and acts which reflect disregard for the rule of the law. For more information, please see In re Smith, 170 Wn.2d 721, 246 P.3d 1224 (2011).
On February 12, 2004, federal prosecutors charged Mr. Smith with several violations of federal law. Pursuant to a plea agreement, Mr. Smith pleaded guilty to one count of criminal conspiracy to commit securities and wire fraud in violation of 18 U.S.C. § 371. Consistent with Smith's plea, a federal district court convicted Smith and sentenced him to 18 months of confinement and three years in a supervised release program. Under ELC 10.14(c), the court record of an attorney's criminal conviction is conclusive evidence of his guilt at a disciplinary proceeding. On appeal, Mr. Smith argued ELC 10.14(c) was unconstitutional. The Supreme Court held that ELC 10.14(c) did not violate Mr. Smith’s due process rights and ordered Mr. Smith disbarred.
Mr. Smith’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; RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit or misrepresentation; and RPC 8.4(i), prohibiting a lawyer from committing any act involving moral turpitude, or corruption, or any 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 or misdemeanor or not.
Erica Temple represented the Bar Association at hearing. Scott G. Busby represented the Bar Association on appeal. Kurt M. Bulmer represented Mr. Smith. Donald William Carter was the hearing officer. |