| Description: |
Kimberly Lynn Grijalva (WSBA No. 29771,
admitted 1999), of Yakima, was disbarred,
effective January 12, 2012, by order of the
Washington State Supreme Court following
a default hearing. This discipline is based on
conduct involving the commission of criminal
acts, interference with the administration
of justice, and acts reflecting disregard for
the rule of the law.
Ms. Grijava was a criminal defense lawyer.
She arranged for her home landline phone
number to be placed on a list maintained by
the Department of Assigned Counsel. Calls
to the phone numbers on this list by county
jail inmates were designated privileged and
not recorded or monitored by jail personnel.
The purpose of the list was to facilitate
communication between the inmates and
their counsel or prospective counsel. Other
than calls to phone numbers on this list, jail
inmates were charged to make local calls at
a flat rate of $2.50 for calls up to 15 minutes.
These calls were recorded or monitored by
jail personnel. Ms. Grijalva arranged for calls
from the jail inmates to her home landline to
be forwarded to a cell phone registered in her
name. Ms. Grijalva had given that cell phone
to Ms. S, who lived with her.
Between approximately April 21, 2010,
and June 4, 2010, two jail inmates, neither
of whom were represented by Ms. Grijalva
during the relevant time period, made more
than 900 free, unrecorded calls to Ms. Grijalva’s
privileged attorney-client phone line.
Ms. S dated both inmates. Many of the calls
made by these two inmates were forwarded
to her cell phone and were not subject to
the jail’s fee and recording requirements.
Ms. Grijalva encouraged the call-forwarding
scheme, which she knew circumvented the
jail’s requirements and resulted in theft of
services exceeding $750.
On October 23, 2010, Ms. Grijalva went
to the maximum-security fourth floor of
the county jail to visit an inmate who was
a prospective client. Ms. Grijalva met the
inmate in a meeting room that had a narrow
pass-through slot under the window that
separated the interviewer from the inmate.
Although the jail prohibits the general public
from bringing cell phones into secure areas,
lawyers are allowed to bring their cell phones
into secure areas of the jail. At some point
during the interview, Ms. Grijalva passed her
cell phone under the window to the inmate,
who used it before passing it back to her. Ms.
Grijalva knew that inmates at the jail were
not permitted to use or possess cell phones,
but abused a privilege afforded to her by
virtue of her status as a lawyer by providing
her cell phone to the inmate.
On November 16, 2010, the prosecuting attorney
filed an information charging Ms. Grijalva
with one count of second-degree theft (a
class C felony), and one count of third-degree
introducing contraband (a misdemeanor).
On April 11, 2011, following a bench trial,
the court found Ms. Grijalva guilty of both
counts. The court sentenced her to a term
of 30 days confinement for the felony, to run
consecutive to 30 days of confinement for the
misdemeanor, all of which was converted to
480 hours of community service. Ms. Grijalva
was also required to pay restitution totaling
$2,290 to the Department of Corrections and
its phone service provider.
Ms. Grijalva’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(d), prohibiting
a lawyer from engaging in conduct
that is prejudicial to the administration of
justice; and RPC 8.4(i), prohibiting a lawyer
from committing any act involving moral
turpitude, or corruption, or any unjustified
act of assault or other act which reflects
disregard for the rule of law.
Joanne S. Abelson represented the Bar Association.
Kimberly L. Grijalva represented herself.
David A. Thorner was the hearing officer. |