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Carolyn A. Elsey (WSBA No. 23626, admitted 1994), of Tacoma, has received a reprimand, following a hearing. The discipline is based upon her knowingly making a false statement of material fact to a third party.
In 1996, the Pierce County Superior Court appointed Ms. Elsey to serve as guardian ad litem (GAL) for a child. The child lived with the mother in Spokane, and the father lived in Tacoma. In November 1996, an expert determined that the mother suffered from Munchausen’s Syndrome by Proxy (MSBP), a disease in which the caregiver feigns or produces illness in the child. The expert also believed that the mother might flee when confronted with the diagnosis. Ms. Elsey notified the father’s attorney of her intention to bring a motion seeking to transfer primary residential placement to the father. Ms. Elsey did not notify the mother because of the fear that she would flee with the child. Ms. Elsey set the motion for November 12, 1996.
On October 31, 1996, a Spokane attorney filed a notice of appearance on the mother’s behalf. He did not mail this notice to Ms. Elsey until November 6, 1996. On November 5, the mother’s lawyer left phone messages for both Ms. Elsey and the father’s attorney. Although the content of the message was disputed, both Ms. Elsey and the father’s attorney thought that the mother’s attorney was still considering whether to actually appear in the case. Ms. Elsey received the mother’s lawyer’s notice of appearance on Saturday, November 10, 1996. She opened the envelope and date-stamped the cover letter, but did not read the contents. It was Veteran’s Day weekend and Ms. Elsey planned on reviewing her mail after the weekend. Ms. Elsey and the father’s attorney appeared in court on Tuesday, November 12, 1996, and the commissioner signed an order transferring primary residential placement to the father.
The pleadings and orders state that the mother was pro se. The father’s counsel informed the court that a lawyer was considering representing the mother, but had not received a notice of appearance. The father flew to Spokane and obtained custody of the child. By the end of the case, MSBP was no longer an issue, and primary residential placement was returned to the mother. The hearing officer found that although Ms. Elsey may not have known that the mother was represented, it was negligent for her to have received and date-stamped the notice without reading the contents prior to the hearing.
Ms. Elsey’s conduct negligently violated RPC 8.4(c), prohibiting lawyers from engaging in misrepresentations.
John L. Messina and Joanne Abelson represented the Bar Association. Kurt M. Bulmer represented Ms. Elsey. The hearing officer was Peter Matty.
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