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Spokane lawyer Ronald David Kappelman (WSBA No.12565, admitted 1982) has been suspended for two years starting April 7,1997, pursuant to an order entered by the Supreme Court on that date. The Court also ordered the suspension be followed by two years of probation, during which he must comply with his criminal probation. The discipline is based upon his 1994 conviction in the United States District Court for the Eastern District of Washington on three felony counts of distribution of cocaine.
On three separate occasions, Kappelman arranged to purchase cocaine from an undercover informant. Kappelman was arrested on August 17, 1994. On September 19, 1994, he pleaded guilty to three felony counts of distribution of cocaine to his wife. Based upon Kappelman’s conviction, and pursuant to RLD 3.1, on October 6, 1994, the Washington Supreme Court entered an interim order of suspending Kappelman from the practice of law pending the final outcome of disciplinary proceedings.
After a two-day disciplinary hearing in January 1996, the Hearing Officer recommended dismissal of the disciplinary charges. On appeal by the Association, the Disciplinary Board ordered the Hearing Officer’s Findings, Conclusions and Recommendation stricken and adopted its own. The Board concluded Kappelman’s conduct violated RLD 1.1(a) (disregard for the rule of law) and RLD 1.1(c) (violation of lawyer’s oath) and recommended a sanction of two year suspension from practice. Three board members dissented, recommending disbarment.
On review by the Supreme Court, Kappelman argued that he should be granted credit on the suspension for the two years he had been suspended on an interim basis. After briefing on that issue, the Supreme Court rejected that argument and approved the two year suspension starting on entry of the Supreme Court’s order, April 7, 1997.
Respondent was represented by Carl Maxey. The hearing officer was Thomas J. Heye of Richland. The Bar Association was represented by Disciplinary Counsel David Cluxton, Mark Lough and, on appeal, by Disciplinary Counsel Anne I. Seidel.
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