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Jeb E. Burgess (WSBA 36891, admitted 2005), of Bellevue, was suspended for three years, effective July 9, 2008, by order of the Washington State Supreme Court. This discipline is based on conduct that involved criminal acts.
In March 2006, Mr. Burgess blocked the path of a 13-year-old girl (A.S.) with his car and attempted to engage her in conversation by asking her questions, including her name, her dog’s name, and the location of the middle school. Mr. Burgess did not expose himself on this occasion. In April 2006, Mr. Burgess approached another 13-year-old girl in his van and asked directions to the middle school. When she walked up to the passenger window to answer his question, she observed him in the driver’s seat exposing his penis and masturbating. In May 2006, Burgess approached another girl in his car and asked directions to the middle school. As she was looking at him, he was holding something that looked like a tissue in his left hand and then uncovered his penis. In August 2006, Mr. Burgess approached an 11-year old girl and a nine-year-old girl on a school playground and said he was looking for a cell phone. He also said he found some money and asked if it was theirs. As he was leaving he turned and said words to the effect, “I have something cool to show you,” and unzipped his pants and exposed himself to them. In September 2006, Mr. Burgess again blocked A.S.’s path with his car and asked her if she had seen the middle school yet. He drove away when she began to use her cell phone. Mr. Burgess did not expose himself on this occasion. Mr. Burgess was arrested that day and signed an admittedly false statement under oath.
In January 2007, the King County Prosecutor filed an Amended Information charging Mr. Burgess with five gross misdemeanors, which included two counts of indecent exposure (RCW 9A.88.010(1)), one count of stalking (RCW 9A.46.110), and two counts of communication with a minor for immoral purposes (RCW 9.68A.090). Mr. Burgess pleaded guilty to the five-count Amended Information, was sentenced to consecutive 12-month terms with all but 60 days suspended and five years probation, and was required to register as a sex offender. Mr. Burgess admitted that from approximately April 2005 until September 25, 2006, he had engaged in a pattern of “cruising” behavior in which he would drive around, generally after school let out or when he had time, looking for girls with whom to converse and expose his penis and masturbate. He admitted that, during this period of time, he attempted to expose himself 30 times and was successful on eight occasions. He also admitted that he had researched some criminal statutes before engaging in the behavior and knew it was wrong.
Mr. Burgess’s conduct violated 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 corruption, or any unjustified act of assault or other act which reflects disregard for the rule of the law.
Joanne S. Abelson represented the Bar Association. David Allen represented Mr. Burgess. Lish Whitson was the hearing officer. |