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Jason McCarty (WSBA No. 15985, admitted 1986), of Olympia, WA was disbarred effective May 13, 2003, by order of the Supreme Court following a hearing. This discipline was based on his conduct from 1995 through 2002, involving dishonesty and criminal acts.
Matter 1: In July 1995, Mr. McCarty began representing a criminal defendant. Earlier, Ms. C., a friend of the client posted $5,000 bail to obtain his release. Following the hearing, Mr. McCarty asked the court to release the bail money to him. Mr. McCarty told the court that he had known Ms. C. for two or three years, that she lived in Aberdeen and was working that day, that she wanted the money released to him and that half the money belonged to him. Ms. C. stated that she had never lived in Aberdeen, was unemployed at the time of the hearing, did not know Mr. McCarty and did not give him authorization to obtain the funds. Mr. McCarty did not give any of the bail funds to Ms. C. Ms. C. filed a civil suit against Mr. McCarty for the funds and obtained a judgment, which has been paid in full.
Matter 2: On May 24, 2002, The Court of Appeals affirmed Mr. McCarty’s conviction of two counts of money laundering.
Mr. McCarty’s conduct violated RPCs 3.3, prohibiting lawyers from knowingly making false statements of material fact to the tribunal; 1.14, requiring lawyers to pay client funds to the client upon request; and 8.4(b), prohibiting committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects.
Joanne Abelson represented the Bar Association. Dennis L. McCarty and Clifton Johnson represented Mr. McCarty. Marc Silverman was the hearing officer.
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