| Description: |
Randall Keys (WSBA No. 15929, admitted 1986), of Bremerton, has been disbarred by order of the Supreme Court effective May 22, 2001, following a default hearing. The discipline is based upon his engaging in a consensual sexual relationship with a client and denying that relationship under oath.
In 1995, the Kitsap County Superior Court assigned a law firm to represent a client charged with second-degree assault. The firm assigned the case to Mr. Keys. The client, who had a history of being battered by her husband, allegedly shot a handgun in the husband’s general direction.
In May or June 1995, while preparing for trial, Mr. Keys and the client entered a consensual sexual relationship. Mr. Keys delivered handwritten, intimate notes and gifts to the client, and offered to assist her in ending her marriage after the criminal case was concluded. During their relationship, Mr. Keys advised the client to accept a plea agreement to third-degree assault. The client received a sentence giving her credit for time served, requiring community service, and placing her on probation for one year. Mr. Keys represented the client at all court hearings. The client believed that the plea would end the case.
During the probation, the client realized that she had not fully understood the consequences of her plea agreement and had followed Mr. Keys’ advice because of their personal relationship. On July 10, 1996, the client wrote to the court asking to withdraw her guilty plea. The court appointed a new lawyer and held a hearing on the client’s request to withdraw her guilty plea. At the hearing, Mr. Keys denied under oath that he had a sexual relationship with the client or that he wrote the 10 intimate notes to the client. The court granted the client’s motion.
Mr. Keys’ conduct violated RPCs 1.7(b), prohibiting representing a client if the representation may be materially limited by the lawyer’s own interests, unless the lawyer reasonably believes that the representation will not be adversely affected and the client consents in writing after full disclosure; 8.4(c), prohibiting conduct involving dishonesty, fraud, deceit or misrepresentation; 8.4(d), prohibiting engaging in conduct prejudicial to the administration of justice; and RLD 1.1(a), prohibiting conduct reflecting disregard for the rule of law.
Harold Vhugen represented the Bar Association. Mr. Keys represented himself. The hearing officer was Stew Cogan.
|