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Irving M. Rosenberg (WSBA No. 21754, admitted 1992), of Liberty Lake, was suspended for 60 days, effective November 7, 2005, by order of the Washington State Supreme Court following a hearing. This discipline was based on his conduct in 2002 involving the alteration of a court order.
Commencing in June 2002, Mr. Rosenberg represented a client in a dissolution of marriage proceeding pending in superior court. Following a June 7, 2002, hearing on a motion for temporary orders, Mr. Rosenberg and opposing counsel adjourned to counsel table to conform standard-form orders to the judge’s ruling. The judge signed the orders, believing that they conformed to his oral ruling. The judge then handed the signed documents to Mr. Rosenberg. Mr. Rosenberg told opposing counsel that he would copy the documents at his office and would return the originals and copies to the courtroom by 1:30 p.m. At his office, Mr. Rosenberg reviewed the documents and noticed the temporary restraining order was inconsistent with the judge’s oral ruling in a number of respects. Mr. Rosenberg altered the order to reflect his understanding of the court’s ruling. After realizing that some of his changes were erroneous and endeavoring to correct the mistaken changes, Mr. Rosenberg concluded that he would have to speak to opposing counsel about the situation, and he set the documents behind his desk. Later in the day, opposing counsel called Mr. Rosenberg’s office to inquire about the whereabouts of the documents. Late on June 7, 2002, a member of Mr. Rosenberg’s office staff took the papers to the courthouse, filed the originals, and gave copies to opposing counsel. Mr. Rosenberg did not contact opposing counsel or the judge to advise them that he had altered the order. Opposing counsel noticed the alterations and brought the situation to the attention of the judge, who promptly sought an explanation from Mr. Rosenberg. Mr. Rosenberg admitted that he had altered the signed order, explaining that he had intended to conform its provisions to those orally ordered by the court.
Mr. Rosenberg’s conduct violated RPC 8.4(d), prohibiting lawyers from engaging in conduct that is prejudicial to the administration of justice.
Linda B. Eide represented the Bar Association. Joseph J. Ganz represented Mr. Rosenberg. Michael L. Lewis was the hearing officer. |