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Thomas A. Rutter II (WSBA No. 21627, admitted 1992), of Bremerton, has been disbarred by order of the Supreme Court effective March 12, 2001, following a stipulation. The discipline is based upon his agreement that the Office of Disciplinary Counsel could prove that he signed a judge’s name to orders without authorization, and testified falsely at a deposition.
In July 1998, Mr. Rutter agreed to represent a client in a Nevada lawsuit. The client’s exwife was claiming the client owed $15,000 in underpaid child support. In July and August, Mr. Rutter told the client that he would get the suit transferred from Nevada to Washington. The client paid Mr. Rutter $1,750 in fees during the representation. In August, the client was served with an order to appear and show cause, requiring him to appear in Nevada on September 15, 1998. The client immediately delivered this order to Mr. Rutter, who told the client that he had a friend in Nevada who would take care of the hearing. Although the client agreed that the friend could appear for him, Mr. Rutter never contacted the friend and no one appeared at the hearing. Mr. Rutter did not file any pleadings prior to the hearing.
In Nevada, Judge Fondi found the client in contempt and sentenced him to jail, but suspended the sentence on the condition that he immediately increase his support payments to $250 per month and pay the arrearage. The client received the order by mail and asked Mr. Rutter why his friend had not appeared. Mr. Rutter told the client that his friend had gotten the wrong judge. Mr. Rutter also told the client he would file a motion to reconsider the decision. In February 1999, Mr. Rutter told the client he had scheduled a conference call with the judge to discuss the reconsideration motion. On the day of the conference call, Mr. Rutter told the client that the judge was not available and would take the matter under advisement. In fact, Mr. Rutter had not scheduled a conference call with the judge.
In early 1999, Mr. Rutter created an undated "order for telephonic hearing," which has an original ink signature similar to Judge Fondi’s. In April 1999, Mr. Rutter told his client he had received an order reversing the original decision and ruling in the client’s favor. In fact, there was no such order. The client’s wife picked up what she believed was a copy of the "order" — bearing a signature similar to Judge Fondi’s — from Mr. Rutter’s office. When the client contacted the clerk’s office in Nevada and asked them to fax the original order, they told the client they did not have an order in the court file. Mr. Rutter filed a motion for reconsideration on May 28, 1999. The motion and declaration are dated January 24, 1999 and bear the client’s signatures; however, the client did not sign these documents. The client obtained his original file from Mr. Rutter on June 9, 1999 and discovered the original "order for telephonic hearing" and "order on hearing" in his file.
In his August 9, 1999 deposition, Mr. Rutter testified falsely that he had contacted his Nevada friend about the client’s case, and that he had not signed Judge Fondi’s name on the two orders or his client’s name on the motion and declaration.
Mr. Rutter’s conduct violated RPCs 8.4(b), prohibiting committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects; 8.4(c), prohibiting conduct involving dishonesty, fraud, deceit or misrepresentation; and 8.4(d), prohibiting conduct prejudicial to the administration of justice.
Kevin M. Bank represented the Bar Association. Mr. Rutter represented himself.
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