| Description: |
Jeffrey K. Day (WSBA No. 22867, admitted 1993), of Puyallup, was disbarred, effective December 20, 2007, by order of the Washington State Supreme Court following an appeal. This discipline resulted from conduct involving the commission of a felony.
In early 2002, Mr. Day began representing a minor client (minor) in a criminal matter. During the representation, Mr. Day learned that the minor was being raised by a single mother and that the family had limited means. After the criminal matter was dismissed, Mr. Day became friendly with the minor and the minor’s mother. Over time, the mother began to trust Mr. Day because he was an attorney and also had served as a judge pro tem. The mother allowed her son to spend time with Mr. Day and to stay overnight at Mr. Day’s house. Mr. Day testified that he instructed the minor to sleep in another room of the house when spending the night. Mr. Day also testified that during one night, the minor came into Mr. Day’s room and got into bed with him. Mr. Day stated he was uncomfortable about having him in his bed, but did not confront the minor about it at the time or inform the minor’s mother.
On February 14–15, 2004, the minor was 11 years old. Mr. Day and the minor were watching a movie at Mr. Day’s house and the minor fell asleep. While the minor was asleep, Mr. Day removed the minor’s pants, leaving him in his boxer shorts, and Mr. Day went to his own bedroom to go to sleep. The minor woke later in the night and again went to find Mr. Day’s bedroom and got into bed with Mr. Day. The minor claimed he woke during the night to Mr. Day touching his genitals. The Pierce County Prosecuting Attorney charged Mr. Day with first-degree child molestation under RCW 9A.44.083, a Class-A felony. A jury convicted Mr. Day and sentenced him to a minimum term of confinement of 60 months and a maximum term of life.
Mr. Day’s conduct violated RPC 8.4(b), prohibiting a lawyer from committing a criminal act (here, child molestation in the first degree) 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 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. Brett A. Purtzer represented Mr. Day. Gregory J. Rosen was the hearing officer. |