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Donald Kronenberg (WSBA No. 13979, admitted 1984), of Seattle, was disbarred, effective August 18, 2005, by order of the Washington State Supreme Court following a hearing. This discipline was based on his conduct in 1996 involving bribing and tampering with a witness and deceiving prosecutors regarding his role in procuring the absence of the witness. For additional information, please see In re Discipline of Kronenberg, 155 Wn.2d 184, 117 P.3d 1134 (2005).
In March 1996, Mr. Kronenberg was hired by a client charged with three counts of felony rape of a child. The state’s principal witness was the victim, who had been subpoenaed and was expected to testify at trial. Prior to the commencement of the trial, Mr. Kronenberg met with the witness and offered him money in exchange for not appearing in court. The discussion was couched in terms of “settling” a potential civil claim, but Mr. Kronenberg made it clear to the witness that he would have to leave the state and avoid testifying in the criminal case as part of the “settlement.” Mr. Kronenberg authored a document to memorialize the witness’s agreement to leave town and not testify in exchange for $6,000 and a one-way plane ticket to Tulsa, Oklahoma. The $6,000 was to be paid in two installments, with the second installment conditioned upon the witness not appearing for trial. The agreement contained a confidentiality and nondisclosure provision, which purported to prohibit the witness from disclosing the existence of the agreement or of the alleged facts that formed the basis of the agreement.
In July 1996, Mr. Kronenberg’s client gave him $3,000 in cash. The next day, Mr. Kronenberg used the money to purchase a one-way plane ticket to Tulsa, which he gave to the witness along with the remaining cash. Mr. Kronenberg offered to drive the witness to the airport, but his offer was refused.
At an omnibus hearing two days later, the court ordered Mr. Kronenberg to disclose whatever information he possessed about the witness’s whereabouts. Mr. Kronenberg did not provide the prosecution with any information and later instructed his secretary to not write down anything she learned about the witness’s whereabouts. Mr. Kronenberg then met with prosecutors and told them that they would have to dismiss the case because they did not have a victim. He also told them that he believed the witness had left for Oklahoma, claiming that the source of his knowledge was his private investigator. Mr. Kronenberg failed to tell prosecutors that he had met with the witness in Seattle the previous week or had hand-delivered to the witness a one-way ticket to Tulsa.
Subsequently, pursuant to a court order authorizing it, the witness placed a wiretapped call to Mr. Kronenberg telling him that he was still in Seattle. Mr. Kronenberg encouraged the witness to leave town. He did not report either the conversation or his new knowledge of the witness’s whereabouts to prosecutors or to the court.
Mr. Kronenberg’s conduct violated RPC 8.4(a), prohibiting a lawyer from violating or attempting to violate the Rules of Professional Conduct, knowingly assisting or inducing another to do so, or doing so through the acts of another; RPC 8.4(b), prohibiting a lawyer from committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects; RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; and RPC 8.4(d), prohibiting a lawyer from engaging in conduct that is prejudicial to the administration of justice.
David M. Jacobson and Erin M. Warren represented the Bar Association at the hearing. Joanne S. Abelson represented the Bar Association on appeal. Christon C. Skinner and Kurt M. Bulmer represented Mr. Kronenberg at the hearing. Gregory M. Miller represented Mr. Kronenberg on appeal. James C. Lawrie was the hearing officer. |