Discipline Notice - Michael W. Smith

License Number: 6106
Member Name: Michael W. Smith
Discipline Detail
Action: Reprimand
Effective Date: 9/26/1997
RPC: 3.5 - (prior to 9/1/2006) Fairness to Opposing Party and Counsel
8.4 (d) - Conduct Prejudicial to the Administration of Justice
Discipline Notice:
Description: Lawyer Michael W. Smith (WSBA No. 6106, admitted 1975) has been ordered reprimanded pursuant to a stipulation approved by the Disciplinary Board of the Washington State Bar Association on September 26, 1997. The discipline is based upon Smith’s conduct during criminal trial.
In April 1991, Smith represented client Garrett on a charge of second degree child molestation in Skagit County Superior Court. Throughout the trial, Smith engaged in disrespectful conduct toward the court, referred in front of the jury evidence that had been ruled inadmissible, and refused to voir dire four prospective jurors and to brief legal issues because he disagreed with the court’s decisions. Smith’s conduct violated the Oath of Attorney and Rules of Professional Conduct 3.5(c) and 8.4(d), and subjected him to discipline pursuant to Rules for Lawyer Discipline 1.1(c) and (i). The hearing officer was John E. Hanson of Bellevue. Respondent was represented by Lowell H. Ashbac Jr. The Bar Association was represented by Disciplinary Counsel Marsha A. Matsumoto.


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