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Roland T. Hunter (WSBA No. 29488, admitted 1999), of Olympia, was disbarred, effective July 21, 2006, by order of the Washington State Supreme Court following a default hearing. This discipline was based on his conduct in 2004 and 2005 involving sending sexually explicit material to a minor client, asking the minor client to engage in sexual relations with him, the crime of attempted possession of depictions of a minor engaged in sexually explicit conduct, and the crime of tampering with a witness.
In October 2004, Mr. Hunter began representing a 17-year-old client in a criminal matter. During the course of the representation, the minor client e-mailed Mr. Hunter about the status of her case. Mr. Hunter responded via e-mail, and, over time, Mr. Hunter’s e-mails to the client became sexually explicit. Among other things, Mr. Hunter asked the client to have sex with him, described different sexual acts he wanted to engage in with the client, and asked if he could take pictures and videos of the client performing sexual acts with him. Mr. Hunter also e-mailed the client sexually explicit pictures, including nude photographs of himself.
In December 2004, a police detective interviewed Mr. Hunter about the sexually explicit e-mails and photographs sent to the client. Mr. Hunter denied sending them, claiming that they had been sent by his ex-girlfriend without his knowledge or permission. Sometime later, Mr. Hunter contacted his ex-girlfriend and asked her to falsely testify that she was the one who had sent the sexually explicit e-mails and pictures. In exchange for doing so, Mr. Hunter promised to provide certain monetary benefits. In November 2005, Mr. Hunter was charged with attempted possession of depictions of a minor engaged in sexually explicit conduct (RCW 9A.28.020 and 9.68A.070), a gross misdemeanor, and tampering with a witness (RCW 9A.72.120(1) and 10.99.020), a felony. Mr. Hunter pleaded guilty to both counts.
Mr. Hunter’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 unless a consensual sexual relationship existed between them at the time the lawyer/client relationship commenced; RPC 8.4(a), prohibiting a lawyer from attempting to violate the Rules of Professional Conduct; 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; and RPC 8.4(i), prohibiting a lawyer from committing any act involving moral turpitude, or any unjustified act of assault or other act which reflects disregard for the rule of law, whether the same be committed in the course of his or her conduct as a lawyer, or otherwise.
Joanne S. Abelson represented the Bar Association. Mr. Hunter did not appear in the proceeding either personally or through counsel. Vernon W. Harkins was the hearing officer. |