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Oscar E. Desper III (WSBA N. 18012, admitted 1988), of Seattle, was suspended for 60 days, effective June 7, 2007, by order of the Washington State Supreme Court following a hearing. This discipline was based on his conduct in 2004 involving an act of assault on another lawyer.
In 2004, Mr. Desper was representing a criminal defendant charged with two felonies in superior court. During an omnibus hearing in June 2004, a disagreement arose between Mr. Desper and the prosecuting attorney about the terms of a potential plea agreement. There ensued a heated verbal exchange that became loud and escalated into a physical confrontation lasting about 10 seconds. The dispute concluded when Mr. Desper drew back his right arm, made a fist, and delivered a forceful blow to the prosecuting attorney’s chest. The prosecuting attorney stumbled backwards into the bailiff, who was standing with her back to the two men and who was thrown onto her computer. The bailiff then stepped between the two lawyers. Mr. Desper and the prosecuting attorney were escorted out of the courtroom.
Mr. Desper’s conduct violated RPC 8.4(b), prohibiting a lawyer from committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects; and RPC 8.4(i), prohibiting a lawyer from committing any unjustified act of assault or other act which reflects disregard for the rule of law, whether the same be committed in the course of his or her conduct as a lawyer, or otherwise, and whether the same constitutes a felony or misdemeanor or not.
Debra Slater represented the Bar Association. Jeffrey C. Grant represented Mr. Desper. Andrekita Silva was the hearing officer. |