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Robert N. Getz (WSBA No. 17926, admitted 1980), of Everett, has been suspended for six months by order of the Supreme Court approving a stipulation, effective May 1, 2002. This discipline is based on his ex parte contact with one of the parties of a mandatory arbitration and the abuse of his position as arbitrator in 2000.
Mr. Z, former husband of Ms. S, moved for lowered child support and the court ordered mandatory arbitration. Mr. Getz was the court-appointed arbitrator. At the conclusion of the hearing, Mr. Getz asked Ms. S to remain behind in his office. Once alone, Mr. Getz described matters of a sexual nature, and at one point began to rub or massage Ms. S’s shoulders. Ms. S told him she had to leave and he walked her to her vehicle. Mr. Getz then told her he wanted to take her to dinner.
On June 8, 2000, Mr. Getz left a message for Ms. S at her home asking her to return his call, leaving his personal cell phone number. On June 9, Ms. S called his office and left a message instructing Mr. Getz to leave a message for her if he needed more information to make his decision. Mr. Getz did not call Ms. S again. On June 8, Mr. Getz mailed his award and filed his decision with the court. Mr. Getz’s decision reduced the child support as requested by Mr. Z. Ms. S subsequently filed for a trial de novo. The trial court upheld Mr. Getz’s decision.
Mr. Getz’s conduct violated RPC 8.4(d), prohibiting lawyers from engaging in conduct prejudicial to the administration of justice.
Christopher E. Young and Jean McElroy represented the Bar Association. Leland Ripley represented Mr. Getz.
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