| Description: |
Seattle lawyer James M. Roe (WSBA No. 8553, admitted 1978) has been ordered reprimanded by order of the Disciplinary Board entered on June 3, 1997, following the filing of findings, conclusions and recommendation by the hearing officer. The discipline is based upon Roe’s conduct during a motions argument in open court.
In May 1995, Roe represented a criminal defendant on an assault charge with a defense of self-defense in Bothell Municipal Court. At the conclusion of a three day trial, the jury rendered a verdict of not guilty. Following the verdict, the prosecutor moved to stay the verdict on costs and fees. During the argument on the motion, Roe interrupted and referred to the prosecutor by his first name. When the prosecutor asked Roe to address him by his surname, Roe responded, "It’s [prosecutor’s first name] to me, boy, and . . . you remember that." Roe apologized almost immediately after making the statement. The prosecutor is African American. Roe is Caucasian.
Based on the May conduct, the Bothell Municipal Court found Roe in contempt of court for addressing counsel in a disrespectful manner, addressing counsel with a racial slur, and creating disorder in the court. The Court ordered Roe to pay a $500 fine or donate $500 to an organization fostering sensitivity toward ethnic diversity or anti-discriminatory action; perform 40 hours of community service; apologize to the prosecutor on the record; and complete a Cultural Diversity Education Program through the Washington State Minority and Justice Commission.
In a separate action, the WSBA investigated Roe’s alleged conduct, and the matter was ordered to hearing. The hearing officer found that Roe did not purposefully use a racial slur in addressing the prosecutor as "boy," but that Roe should have known that, when directed to an African American male, the use of the word "boy" is racist. Roe’s negligent conduct in addressing opposing counsel during a court proceeding in a racially demeaning manner was found to be harmful to counsel, to the court, and to the legal profession. The hearing officer also found that Roe’s actions violated Rule of Professional Conduct 4.4 and the Oath of Attorney, and subjected him to discipline pursuant to Rules for Lawyer Discipline (RLD) 1.1(c) and (i). Accordingly, the hearing officer recommended a reprimand, which became a final decision pursuant to RLD 4.13(f). In addition to the reprimand, Roe will be on probation for one year, during which time Roe will comply with the terms of the contempt order entered in Bothell Municipal Court.
The hearing officer was John E. Hanson of Bellevue. Respondent was represented by Kurt M. Bulmer. The Bar Association was represented by disciplinary counsel Anne I. Seidel and Marsha A. Matsumoto.
|