| Description: |
Leta J. Schattauer (WSBA No. 19499, admitted 1990), of Seattle, received a reprimand on July 26, 2002, following a hearing. This discipline is based on her failing to disclose material facts to the tribunal.
In 1990, a firm assisting indigent inmates with post-conviction matters employed Ms. Schattauer. The firm assigned Ms. Schattauer to represent Mr. A. in personal restraint petition. In 1993, Ms. Schattauer opened her own law practice and continued to represent Mr. A. In May 1993, Ms. Schattauer filed a motion to renew the client’s appeal and to renew the order establishing indigency. The motion was supported by the client’s certified statement advising the court that his marital status had changed. The client and Ms. Schattauer were married in April 1993. The motion did not disclose community assets, including Ms. Schattaur’s home and a mutual fund.
In 1996, Ms. Schattauer filed a personal restraint petition for the client. This petition requested waiver of the appellate filing fee and contained a statement of finances. Neither the petition nor the client’s affidavit disclosed the client’s marital status. The court waived the filing fee. At this same time, the undisclosed community mutual fund contained sufficient funds to pay the filing fee.
Ms. Schattaur’s conduct violated RPCs 3.3(a)(1), prohibiting making a false statement of material fact to the tribunal; and 8.4(d), prohibiting conduct prejudicial to the administration of justice.
Leslie Allen represented the Bar Association. Kurt Bulmer represented Ms. Schattauer. Vicki Lee Ann Parker was the Hearing Officer.
|