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Seattle lawyer Theresa Jean Gibbons, formerly known as Theresa Gibbons Odom (WSBA No. 19293, admitted 1990), has been ordered censured pursuant to a stipulation for discipline, approved by the Disciplinary Board in August 1997. The discipline is based upon a misrepresentation made by Gibbons when submitting materials for publication in the Judicial Voters Pamphlet for the fall 1996 judicial elections. Gibbons was an unsuccessful candidate for King County Superior Court judge in the fall 1996 elections. The Office of the Administrator of the Courts (OAC) had the responsibility of publishing a Judicial Voters Pamphlet for the fall 1996 judicial elections. The deadline for submitting materials to OAC for publication in the voters pamphlet was 1 p.m. on Friday August 9, 1996, and all candidates were informed of that deadline. Any materials postmarked before August 9, 1996, and received by OAC by August 12, 1996, would also be timely. On August 9, Gibbons called and told OAC that her materials had been mailed but returned to her because she had left off OAC’s post office box number. She was told that if she could not get the materials to OAC by 1 p.m. that day, the materials might still be accepted if she submitted the returned envelope intact by August 12, with the candidate information inside and the August 8 postmark on the envelope. On August 12, 1996, Gibbons delivered her materials to OAC inside an envelope bearing an August 8, 1996, postmark. The envelope had been used by a third party to mail something to Gibbons, and Gibbons had placed new mailing labels over the original recipient and sender addresses. Gibbons knew that she had not used the envelope to mail her materials to OAC. When Gibbons was told that her materials were late and would not be accepted, she stated that she had called on the 9th, and she pointed out the August 8 postmark on the envelope. OAC accepted the materials. The materials were not published in the voters pamphlet, however, because OAC subsequently determined that Gibbons had not used the envelope to mail materials to OAC, but instead a third party had used it to mail items to Gibbons, and it bore that third party’s postage meter stamp. Given Gibbons’ knowledge of the importance of the postmark date, her use of an envelope with an August 8 postmark date and her actions in indicating that postmark when she hand-delivered the materials on August 12 were a misrepresentation about whether her materials were being submitted within the deadline for inclusion in the Judicial Voters Pamphlet. These actions violated RPC 8.4(c), which prohibits lawyers from engaging in conduct involving misrepresentation, and subject Gibbons to discipline pursuant to RLD 1.1(a) and RLD 1.1 (I). Respondent was represented by Leland G. Ripley. The Bar Association was represented by disciplinary counsel Jean K. McElroy. |