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Jeffrey Alan Hess (WSBA No. 7072, admitted 1976), of Seattle, was ordered to receive a reprimand on February 9, 2006, following a stipulation approved by a hearing officer. This discipline was based on Mr. Hess's conduct in 2002 involving conduct prejudicial to the administration of justice and disobeying a court order.
Between 1997 and 2002, Mr. Hess represented his brother in protracted and contentious post-dissolution proceedings. His brother's ex-wife sought modification of the child-custody arrangements, and a trial was set for May 2002. In a joint statement of evidence filed with the court, Mr. Hess identified 34 witnesses to be called on behalf of his client at trial. On the morning of the trial, Mr. Hess and opposing counsel appeared before the superior court judge. The judge initiated a discussion about the expected length of the trial, indicating that she had reserved two afternoons. The opposing counsel stated that the trial would probably take longer than two afternoons, because he had six or seven witnesses and Mr. Hess had "identified, I think, 37 witnesses he intends to call." In response to the court's and opposing counsel's comments, Mr. Hess only stated: "I don't intend to call 36 witnesses, Your Honor." At that point, Mr. Hess knew that his client was not going to contest custody, but he did not inform the court or opposing counsel that there would be no need to set aside or prepare for two afternoons of trial testimony. The court set the trial to begin that afternoon at 1:30 p.m., and opposing counsel prepared for trial. At approximately 1:25 p.m., opposing counsel received Mr. Hess's three-sentence hearing brief indicating that his client was not contesting custody, which obviated the need for a trial. Opposing counsel moved for sanctions against Mr. Hess for failing to notify him that there would be no trial. The judge issued an order awarding a judgment for sanctions and terms in the amount of $1,345 jointly and severally against Mr. Hess and his client. Mr. Hess and his client did not timely pay the sanctions assessed by the court. In January 2006, Mr. Hess paid $1,909.90 into the superior court registry, which represented the $1,345 assessed by the court plus $564.90 in accrued interest.
Mr. Hess's conduct violated RPC 8.4(d), prohibiting a lawyer from engaging in conduct that is prejudicial to the administration of justice; and RPC 8.4(j), prohibiting a lawyer from willfully disobeying or violating a court order directing him or her to do or cease doing an act which he or she ought in good faith to do or forbear.
Christine Gray represented the Bar Association. Mr. Hess represented himself. David W. Wiley was the hearing officer. |