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John P. Junke Sr. (WSBA No. 10743, admitted 1980), of Walla Walla, resigned in lieu of disbarment, effective June 23, 2006. The resignation was based on his conduct between 2004 and 2005 involving sexual relations with a then-current client, conflicts of interest, and other conduct prejudicial to the administration of justice.
In August 2003, Mr. Junke began representing a client in a dependency action involving the client's son. The dependency action was initiated after the client was arrested for possession of controlled substances with intent to sell and child endangerment. As a result of the dependency action, the client's son was placed with relatives and the client was allowed only supervised visitation, with supervision to be provided by either the "relative care giver" or a person approved by the Department of Social and Health Services (DSHS). In November 2003, the client hired Mr. Junke to represent her in her criminal matter. In August 2004, the client pleaded guilty and was sentenced.
During the course of the representation, Mr. Junke and his client began a personal and intimate relationship, which included sexual relations. The relationship continued until approximately mid-2005. After the client was sentenced in 2004, Mr. Junke took her with him to Seattle on two occasions. On one of these trips, the client's son accompanied them. Although the client was not permitted to leave Walla Walla County without permission from her probation officer, Mr. Junke obtained permission from the probation officer for only one such trip. In addition, although the client was allowed only supervised visitation with her son, Mr. Junke never sought approval from DSHS to supervise the client's visits with her son during these trips.
Mr. Junke's conduct violated RPC 1.7(b), prohibiting a lawyer from representing a client if the representation of that client may be materially limited by the lawyer's responsibilities to another client or to a third person, or by the lawyer's own interests, unless the lawyer reasonably believes that the representation will not be adversely affected and the client consents in writing after a full disclosure of material facts; RPC 1.8(k), prohibiting a lawyer from having sexual relations with a current client of the lawyer unless a consensual sexual relationship existed between them at the time the lawyer/client relationship commenced; and RPC 8.4(d), prohibiting a lawyer from engaging in conduct that is prejudicial to the administration of justice.
Joanne S. Abelson represented the Bar Association. Janelle Carman represented Mr. Junke.
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