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Carlos Valero (WSBA No. 29192, admitted 1999), of Spokane, was suspended for six months, effective December 1, 2003, by order of the Washington State Supreme Court approving a stipulation. This discipline was based on his knowingly disobeying court orders in 2001.
Matter 1: In July 2000, Mr. Valero filed an adversary proceeding in U.S. Bankruptcy Court. Mr. Valero named three defendants without any factual basis. The court dismissed the adversary proceeding, deeming the plaintiffs "vexatious litigants," and imposed sanctions and conditions on filing pleadings in any U.S. court. The order imposed sanctions totaling $32,500 against the plaintiffs and Mr. Valero, jointly and severally. Mr. Valero did not pay these sanctions. The order also provided that any other U.S. court could refuse to accept pleadings relating to this subject matter, unless certain conditions were satisfied. Mr. Valero filed pleadings in the 9th Circuit Court of Appeals relating to the earlier subject matter, without complying with the conditions in the bankruptcy court's order. In June 2001, the 9th Circuit Court of Appeals required Mr. Valero to show cause why sanctions should not be imposed for his failure to comply with that court's rules and orders. Mr. Valero did not promptly respond, and the court imposed sanctions. Mr. Valero paid these sanctions.
Matter 2: In March 1999, a bankruptcy judge awarded a partnership a judgment in an adversary proceeding. In late 1999 or early 2000, the partnership retained Mr. Valero. After several hearings, motions, and a premature appeal, the court entered a final order in favor of Mr. Valero's client in this matter on May 11, 2000. The defendants paid the judgment, and the payment was accepted and negotiated. Mr. Valero declined to file a satisfaction of judgment, despite repeated requests. His client refused to accept that the judgment had been satisfied. In October 2001, the court found that the judgment was satisfied and imposed sanctions of $2,909 jointly and severally against Mr. Valero and his clients. Mr. Valero did not pay these sanctions. Mr. Valero did not cooperate with the disciplinary investigation of this matter.
Mr. Valero's conduct violated RPCs 3.4(c), by his knowingly disobeying court orders and failing to pay court-imposed sanctions; 8.4(d), by his engaging in conduct prejudicial to the administration of justice; 8.4(i), by his committing an act reflecting disregard for the rule of law; and 8.4(l), by his failing to cooperate with the disciplinary investigation.
G. Val Tollefson represented the Bar Association. Mr. Valero represented himself.
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