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Margita Dornay (WSBA No. 19879, admitted 1990), of Selah, was suspended for three years, effective June 21, 2007, by order of the Washington State Supreme Court following a hearing. This discipline was based on her conduct in 2002 involving falsely testifying in a court proceeding. For more information see In re Discipline of Dornay, 160 Wn.2d 671, 161 P.3d 333 (2007).
In 2001, Ms. Dornay began an extramarital affair with a King County Deputy Sheriff (hereinafter “Deputy”). When the affair began, Ms. Dornay, a partner with a law firm and a contract prosecutor for the city of Kenmore, was living with her husband and daughters. The Deputy was in the process of divorcing his wife. During the course of the affair, the couple took trips out of town together. During a trip in November 2001, the Deputy became enraged after an argument and slammed his head on a nightstand, cutting open his forehead. On another occasion, the Deputy put his service revolver in Ms. Dornay’s hand and told her to pull the trigger because if she did not love him, he wanted to die. Ms. Dornay’s relationship with the Deputy continued.
In February 2002, Ms. Dornay testified under oath at the Deputy’s divorce trial. She was called to testify regarding the child visitation exchanges she had witnessed between the Deputy and his wife. The Deputy’s lawyer did not know about Ms. Dornay’s ongoing affair with the Deputy. Ms. Dornay testified and answered a series of background questions about how well she knew the Deputy. While on the stand, Ms. Dornay was asked whether she had ever seen the Deputy “rageful at any time” or whether she had seen him “rant and rave” or “berate.” Ms. Dornay answered no to these questions. In its opinion, the Supreme Court found that: “If the judge had the benefit of Dornay’s truthful testimony at the time she testified on [Deputy’s] behalf, her testimony could have affected the judge’s decision regarding the parenting plan for [Deputy’s] three-year-old child.”
In March 2002, Ms. Dornay broke off relations with the Deputy. Soon after, she informed members of her family about the affair. At this time, she confessed that she was not truthful when she testified in court that she had never seen the Deputy in a rage.
In May 2002, Ms. Dornay petitioned for an order of protection against the Deputy, alleging he was abusive and threatening to her and her family. At the protection order hearing in June 2002, Ms. Dornay testified under oath that the Deputy had screamed at her, raged at her, and ranted and raved during the course of their relationship, including the time period prior to the February 2002 dissolution trial. After the hearing, Ms. Dornay signed a sworn declaration that she “made the decision to perjure” herself at trial in February 2002. This sworn declaration was filed by the Deputy’s former wife’s lawyer in superior court in support of a petition to suspend the Deputy’s visitation rights with his child. In 2003, during a deposition taken in the course of the Bar Association’s disciplinary investigation, Ms. Dornay testified under oath that her February 2002 trial testimony was false.
In its opinion, the Supreme Court held “[t]he Washington Legislature and the courts of this state have recognized the profound impact of intimate partner violence. While the nature of Dornay’s relationship with [Deputy] does not excuse Dornay’s actions, it is a mitigating factor that merits substantial weight.”
Ms. Dornay’s conduct violated former RPC 3.3(a)(1), prohibiting a lawyer from knowingly making a false statement of material fact or law to a tribunal; 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.
Kevin M. Bank and Jean K. McElroy represented the Bar Association. Kurt M. Bulmer and Robert F. Noe represented Ms. Dornay. Lawrence R. Mills was the hearing officer. |