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Roger A. Castelda (WSBA No. 5571, admitted 1974), of Tonasket, received a censure pursuant to a stipulation approved by the Disciplinary Board on March 27, 2001. This discipline is based on his 1999 conflict of interest and advice violating a court order in one client matter.
In 1993, Mr. Castelda represented Ms. A, the wife in a marriage dissolution. During the dissolution, he defended Ms. A against accusations of alcohol abuse. Ms. A had two alcohol evaluations, with results reported to Mr. Castelda. Later, Ms. A remarried.
In November 1999, Mr. Castelda’s firm agreed to represent Ms. A’s husband in a civil protection matter filed by Ms. A, and in a related criminal matter. The husband was charged with fourth-degree assault, obstruction of a law enforcement officer and interference with reporting of a domestic-violence matter. On November 10, 1999, the district court entered a no-contact order in the criminal case, preventing the husband from going to the family home. On the same day, Ms. A obtained a temporary civil protection order also preventing the husband from going to the family home. The civil order was set for hearing on November 22, 1999.
On November 18, 1999, at the Castelda firm’s request, the court entered an agreed order modifying the criminal no contact order to allow the husband to go to the family home, so long as the wife was not home. On the same day, Mr. Castelda gave the husband a copy of the modified order in the criminal case and advised him to return home and change the locks. The client spent the night at the family home and changed the locks, in violation of the civil-protection order. The next day, Mr. Castelda filed a declaration regarding Ms. A’s alcohol abuse in the civil-protection matter.
Mr. Castelda’s conduct violated RPCs 8.4(d), prohibiting conduct prejudicial to the administration of justice; and 1.9, prohibiting using confidences or secrets relating to representation to the disadvantage of a former client.
Becky Neal represented the Bar Association. R. John Sloan represented Mr. Castelda.
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