In Re the Disciplinary Proceeding Against Saulnier

648 P.2d 433, 97 Wash. 2d 676, 1982 Wash. LEXIS 1506

• Court: Washington Supreme Court
• Decided: July 22, 1982
• Docket: C.D. 10391
• Status: Published

Opinions

Brachtenbach, C.J.

The Washington State Bar Association charges attorney Shirley M. Saulnier with engaging in illegal conduct involving moral turpitude in violation of Code of Professional Responsibility Discipline Rules 1-102(A)(3), (4) and (6).

These charges arise out of an incident occurring in 1980. Ms. Saulnier was apprehended while leaving a department store with merchandise that she had not purchased. When confronted by a security guard Ms. Saulnier admitted having the merchandise.

Since Ms. Saulnier had merchandise totaling over $300, she was charged with theft in the second degree, a felony. To avoid a public trial Ms. Saulnier pleaded guilty to theft in the third degree, a gross misdemeanor.

The bar association charges that Ms. Saulnier's actions violate the Code of Professional Responsibility Discipline Rules 1-102(A)(3), (4) and (6). These provisions prohibit illegal conduct involving moral turpitude, CPR DR 1-102(A)(3), conduct involving dishonesty, fraud, deceit or misrepresentation, CPR DR 1-102(A)(4), and conduct that adversely reflects on a lawyer's ability to practice law, CPR DR 1-102(A)(6).

At the disciplinary hearing Ms. Saulnier admitted that she was cognizant of placing the items into her bag but explained "I didn't feel good, I couldn't get service and it was like a consumer revolt type of action." Ms. Saulnier argued that these factors negated the requisite intent element of moral turpitude.

The hearing panel officer found that the incident was a "single aberrational event surrounded by mitigating circumstances. " He recommended that Ms. Saulnier should be suspended, but that the suspension be suspended for a period of 2 years. During this period Ms. Saulnier would voluntarily refrain from the practice of law. The Disciplinary Board, however, struck the provision suspending the suspension and recommended a straight 2-year suspension. We concur with the recommendation of the Disciplinary Board.

The initial question in attorney discipline cases is whether or not the attorney's conduct involved moral turpitude. DRA 1.1(a). The hearing panel officer found that the intentional taking of merchandise, without payment, involved moral turpitude. This conduct violates DRA 1.1(a). The hearing panel officer's finding is consistent with our prior case law. See, e.g., In re Anderson, 73 Wn.2d 587, 439 P.2d 981 (1968); In re Dalton, 60 Wn.2d 726, 375 P.2d 258 (1962).

The facts of this case support the hearing panel officer's finding but not his recommendation of a suspended suspension. In this case there is no allegation that the act of taking the items was unintentional, only that the respondent's mental state negated the intent to steal. Yet respondent took merchandise from three different stores, The Bon, Frederick & Nelson and Nordstrom. Consequently, we find respondent's argument that this was an isolated incident, prompted by personal frustration with poor service, unpersuasive and inadequate to negate a finding of moral turpitude.

Turning then to the question of the appropriate discipline, we conclude that the 2-year suspension is warranted. First, Ms. Saulnier failed to produce evidence to justify a conclusion that the mitigating factors she relies upon either caused the incident or justify a lesser sanction. Respondent has offered letters describing her general physical and mental condition at the time of the theft. Nothing in these letters, however, connects her physical or emotional indisposition to the incident. Finally, the need to assure the public confidence in our legal system requires that we demand obedience of the laws by all members of the bar.

Shirley M. Saulnier is hereby suspended for 2 years from the practice of law in the State of Washington. Costs of $169.95 are hereby assessed.

Rosellini, Stafford, Dore, and Pearson, JJ., concur.