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Dianna Carlson (WSBA No. 13271, admitted 1983), formerly of Thurston County, has been retroactively suspended for one year by order of the Supreme Court effective May 4, 1998, following a hearing. The discipline is based upon her making knowing misrepresentation of fact to the district court in a citizen’s complaint in 1997.
In January 1993, Ms. Carlson married Mr. K. They separated in February 1994 and were involved in bitter dissolution proceedings from March 1994 through May 1998. While the dissolution was pending, Ms. Carlson lived in the family home, and her mother-in-law lived in a mobile home on the same property.
In 1995, two men related to the ex-husband emerged from the mother-in-law’s home and confronted Ms. Carlson in her wheelchair; she ended up on the ground. The facts regarding the incident are disputed. Either the men were retrieving a fence post that belonged to the mother-in-law and Ms. Carlson hung on, causing herself to fall, or the men assaulted Ms. Carlson. Ms. Carlson was injured and reported the incident to the Thurston County Sheriff’s Office. The sherriff’s office investigated, but did not recommend prosecution. Ms. Carlson complained to the sherriff about the lack of prosecution of this and other incidents. Subsequently, she met with a deputy prosecuting attorney at her home to review records. The deputy indicated that he believed there was insufficient evidence to file a criminal charge.
In 1997, Ms. Carlson contacted the prosecutor again and provided him with transcribed testimony in the civil-crime victim-compensation case that he had not previously considered. The prosecutor again met with Ms. Carlson and indicated that he still did not believe there was enough evidence to file a criminal charge.
In 1997, Ms. Carlson typed and filed a citizens complaint regarding the 1995 incident. The complaint stated: "I have not consulted with a prosecuting authority concerning this incident. . . ." On this same day, Ms. Carlson filed a petition in Thurston County Superior Court requesting a domestic-violence order of protection against one of the two men involved in the 1995 incident. Following a hearing, the court denied the request.
In April 1997, Ms. Carlson filed a petition in Thurston County Superior Court requesting an order of protection from unlawful harassment against the two men involved in the 1995 incident. As part of this petition, Ms. Carlson answered "no" to the following question: Have you ever sued the person who is harassing you in any court, or has that person ever sued you in any court?
In May 1997, Ms. Carlson amended her citizen complaint and again stated that she had not consulted with a prosecuting authority concerning the incident. The hearing officer found that Ms. Carlson made knowing misrepresentations. Ms. Carlsons’s citizen complaint was denied. The judge stated: "Further, it appears this matter was investigated by law enforcement and the matter was referred to the Thurston County Prosecutors, who declined to prosecute. While that fact alone is not determinative, it is one factor to be considered as required by the rule, as well as the prosecution standards under RCW 9.94A. 440."
Ms. Carlson’s conduct violated RPC 8.4(c), prohibiting lawyers from engaging in conduct involving dishonesty, fraud, deceit or misrepresentation; and RPC 8.4(d), prohibiting lawyers from engaging in conduct prejudicial to the administration of justice.
Becky Neal represented the Bar Association. Ms. Carlson represented herself. The hearing officer was J. Donald Curran.
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