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Gregory Scharmach (WSBA No. 8562, admitted October 25, 1978), of Tacoma, has been suspended for six months pursuant to a stipulation approved by the Disciplinary Board on January 15, 1999 and by the Supreme Court on February 9, 1999.
On August 16, 1990, King County Northeast District Court granted Mr. Scharmach a Deferred Prosecution on a fourth-degree assault charge. Apparently, this matter was dismissed on August 27, 1992. Prior to the dismissal, on June 29, 1992, an Olympia police officer observed Mr. Scharmach in his pickup truck stopped in the traffic lanes, forcing traffic to steer around him. The officer spoke to Mr. Scharmach and noticed an odor of intoxicants, slurred speech, confusion, disorientation and unsteadiness on his feet. Mr. Scharmach told the officer that he was looking for the courthouse because he was scheduled to meet a client. The officer arrested Mr. Scharmach for Driving Under the Influence (DUI) and transported him to the Thurston County Jail. Mr. Scharmach bailed himself of jail. The police gave Mr. Scharmach a ride to a taxi stand and instructed him not to drive. Approximately an hour later, the same police officer noticed Mr. Scharmach, in his pickup, stopped at a red light. The policeman again booked Mr. Scharmach for DUI and Mr. Scharmach again bailed himself out and drove away.
Mr. Scharmach was charged with two counts of DUI. He petitioned the court to grant him a deferred prosecution. As part of this petition, Mr. Scharmach stated under penalty of perjury that he had not been granted a deferred prosecution with-in the last five years.
On December 20, 1993, Mr. Scharmach pled guilty to fourth-degree assault in Bainbridge Island Municipal Court. On December 22, 1993, Mr. Scharmach was convicted in Bainbridge Island Municipal Court of possession of a loaded weapon. Based on these criminal violations, the court revoked the deferred prosecution and sentenced Mr. Scharmach to two years in jail. Mr. Scharmach acknowledged that he has an alcohol problem. He sporadically attends alcohol treatment.
By making a false statement about the prior deferred prosecution, Mr. Scharmach violated RPC 3.3(a)(1), prohibiting a lawyer from knowingly making a false statement of material fact to a tribunal; RPC 8.4(b), prohibiting criminal conduct reflecting adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects; RPC 8.4(c), prohibiting conduct involving dishonesty, fraud, deceit or misrepresentation; and RPC 8.4(d), prohibiting conduct prejudicial to the administration of justice. By violating RCW 46.61.501 (DUI), RCW 9A.36.040 (assault), and RCW 9.41.040 et seq. (possession of a loaded firearm),Mr. Scharmach violated RPC 8.4(b), RLD 1.1(a) prohibiting unjustified acts of assault; RLD 1.1(b) prohibiting violation of a court order; and RLD 1.1(c) prohibiting a lawyer from violating his or her oath or duties.
Sachia Stonefeld represented the Bar Association. Mr. Scharmach represented himself. The hearing officer was Robert Hardy.
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