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Stephen T. Carmick (WSBA No. 11365, admitted 1980), of Chehalis, was suspended for sixty days by order of the Supreme Court, effective July 10, 2002. This discipline was based on his lack of candor with the court and communication with a represented party in 1994 and 1995. For further information please see the published Supreme Court opinion.
In July 1994, Mr. Carmick agreed to represent the father in negotiations for interest payments on a judgment for past due child support under URESA. The court granted a $15,037.40 judgment in 1985. The father paid the face amount of the judgment, but interest was still owing. In June 1994, the father contacted the Lewis County Prosecutor’s office to find out the amount then owing. The prosecutor calculated the amount as $11,000, but the father believed the correct amount was lower. The prosecutor agreed to release the lien in exchange for the father’s title company tendering $11,000 to the Lewis County Superior Court.
Mr. Carmick reviewed the court file. Almost all of the pleadings in the court file referenced prosecutor B. Instead of contacting prosecutor B, Mr. Carmick contacted the mother directly. During this conversation, Mr. Carmick did not disclose that $11,000 had been deposited with the court. Additionally, Mr. Carmick told the mother that neither of the prosecutors she was working with were available. Both prosecutors later testified that they were available. In July 1994, Mr. Carmick sent the mother an offer to settle for $5,000. He implied that she would have a difficult time collecting any more than this amount and directed her to sign and return to him the settlement agreement any documents she had received from the Prosecutor’s Office. On July 25, 1994, Mr. Carmick filed the signed settlement pleadings and a notice of appearance. He did not serve the notice of appearance on the mother or the prosecutors working on the case. In August, Mr. Carmick presented an ex-parte order disburing $6,000 to his client and $5,000 to the mother. Mr. Carmick told the judge that the mother and prosecutor B approved the order. The judge entered the order and the funds were disbursed. Later, prosecutor B learned of Mr. Carmick’s actions and filed a motion to vacate the order based on fraud. Mr. Carmick withdrew from the representation.
Mr. Carmick’s conduct violated RPCs 3.3(f), requiring lawyers to inform the tribunal of all relevant facts the lawyer knows should be disclosed in ex-parte proceedings, to permit an informed decision, whether or not the facts are adverse; 3.5(b), prohibiting lawyers from communicating ex-parte with a judge, juror, perspective juror or other official except as permitted by law; and 4.2, prohibiting lawyers from communicating about the subject of the representation with a party the lawyer knows to be represented, without the other lawyer’s consent.
Jonathan Burke represented the Bar Association. Kurt Bulmer represented Mr. Carmick. Michael L. Lewis was the hearing officer.
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