Facts: Petitioner John Scannell was disbarred following a hearing before the Washington State Bar Association’s disciplinary board, which found that Scannell had failed to obtain written consent to conflicts of interest and obstructed and delayed the disciplinary proceedings against him. Scannell appealed the disciplinary board’s decision to the Supreme Court of Washington, maintaining that the disciplinary board’s findings lacked an adequate basis in the record, that the fairness of the disciplinary proceedings against him had been undermined by procedural irregularities, and that disbarment was a disproportionate sanction.

Question(s): Did the record support the disciplinary board’s findings?

Was the fairness of the proceedings compromised by procedural or other irregularities?

Was the sanction imposed appropriate under the circumstances?

Conclusion: Justice Stephens’ opinion for the Court concluded that the record supported the disciplinary board’s finding that Scannell violated rules governing conflicts of interest and, more importantly, the board’s finding that Scannell’s numerous motions and objections raised during the disciplinary proceedings against him constituted an effort to frustrate and delay the proceedings by raising frivolous claims rather than a good faith defense to the charges. The Court also held that the proceedings against Scannell were fair and had not been motivated by a desire to retaliate against Scannell for filing ethical complaints against former Attorney General Christine Gregoire. Finally, the Court ruled that disbarment was an appropriate sanction under the circumstances given the threat to lawyer self-regulation posed by Scannell’s willful obstruction of the proceedings and the balance of aggravating and mitigating factors.

[Original Docket Number: 200,737-6]

Docket No. 200,744-9 (from WSBA Case No. 31035)

Petitioner: John Scannell

Respondent: Washington State Bar Association

(Counsel: Scott G. Busby)

Argument: Monday, November 16, 2009 1:00pm

[Source: TVW, http://tvw.org]

Reargument: Thursday, May 20, 2010 1:30pm

[Source: TVW, http://tvw.org]

Decided: Thursday, September 9th, 2010

Prevailing Party: Washington State Bar Association (Respondent)

Vote: 6-3

Citation: Pending

Madsen

Johnson

Alexander

Sanders

Chambers

Owens

Fairhurst

Johnson

Stephens

Opinion

Dissent