In Re the Disciplinary Proceeding Against Walgren

708 P.2d 380, 104 Wash. 2d 557, 1985 Wash. LEXIS 1281
CourtWashington Supreme Court
DecidedOctober 17, 1985
DocketC.D. 4760
StatusPublished
Cited by29 cases

This text of 708 P.2d 380 (In Re the Disciplinary Proceeding Against Walgren) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re the Disciplinary Proceeding Against Walgren, 708 P.2d 380, 104 Wash. 2d 557, 1985 Wash. LEXIS 1281 (Wash. 1985).

Opinions

Dolliver, C.J.

Gordon L. Walgren, who was disbarred on June 21, 1982, petitions for reinstatement as an attorney. On December 17, 1984, the Board of Governors of the Washington State Bar Association held a public hearing to consider his petition. Voting 7 to 2, the Board recommended reinstatement on the condition Walgren take and pass the bar examination. We hold Walgren may not be reinstated into the Washington State Bar until he has sat[559]*559isfactorily completed the conditions of his parole and is discharged therefrom pursuant to the applicable federal statute as determined by the United States Parole Commission. See 18 U.S.C. §§ 4210, 4211 (1982).

I

Gordon L. Walgren was admitted to the Washington State Bar in October 1957. In 1966, he was elected to represent the Twenty-Third District in the Washington State House of Representatives. In 1968, he was elected to the Washington State Senate, and in 1975 he was elected Majority Leader of the Senate.

Early in 1980, a 29-count federal indictment alleged Walgren, along with John Bagnariol and Patrick Gallagher, violated the federal racketeering laws, codified at 18 U.S.C. §§ 1961-1968 (1982) (referred to as the "RICO" statute). The facts leading to the federal indictment appear in the Ninth Circuit opinion in which Walgren's conviction was affirmed. See United States v. Bagnariol, 665 F.2d 877 (9th Cir. 1981). The indictment generally alleged Walgren acted in furtherance of a criminal "enterprise", the goal of which was to promote gambling legislation in the state of Washington. In exchange for Walgren's efforts, he was allegedly to receive 6 percent of the profits of the gambling operations. Shortly thereafter, the Washington State Bar Association initiated disciplinary hearings against Walgren. On December 1, 1980, Walgren was suspended from the practice of law.

The federal RICO statute is triggered when a person is found to be a member of an "enterprise" and commits two acts of "racketeering activity" within 10 years of each other in furtherance of the enterprise. See 18 U.S.C. § 1961(5) (1982). An "enterprise" is defined as "a group of persons associated together for a common purpose of engaging in a course of conduct." United States v. Turkette, 452 U.S. 576, 583, 69 L. Ed. 2d 246, 101 S. Ct. 2524 (1981).

At the close of the government's case, United States District Court Chief Judge Walter T. McGovern dismissed 6 of [560]*560the 19 counts brought against Walgren, including the charges of bribery and conspiracy. Of the 13 counts that went to the jury, Walgren was found guilty under the RICO, mail fraud, and travel act statutes (18 U.S.C. §§ 1962(c), 1341, and 1952(a)(3) (1982), respectively). Walgren was acquitted on 5 of the 13 counts and a hung jury resulted on the others.

The two acts of "racketeering activity" supporting Wal-gren's RICO conviction were violations of the mail fraud and travel act statutes. The mail fraud violation was triggered when Walgren knowingly mailed a public disclosure form which failed to indicate that he had received a newspaper clipping service, valued at approximately $80, which had been "donated" by an FBI agent. The travel act violation was predicated on an interstate telephone call made to Walgren in which he was alleged to have discussed the enterprise with an FBI agent. The Ninth Circuit confirmed there was ample evidence in the record from which the jury could have concluded the mail fraud and travel act violations were in furtherance of the "enterprise". United States v. Bagnariol, at 896-99. There was no evidence Walgren introduced legislation or had received money in furtherance of this agreement.

On November 24, 1980, Walgren was sentenced to 5 years' imprisonment at the Federal Prison Camp in Lom-poc, California. Walgren began serving his sentence on May 21, 1982, shortly following the time at which his petition for certiorari to the United States Supreme Court was denied. On June 21, 1982, Walgren stipulated to disbarment.

After having served 2 years, Walgren was released on parole on May 21, 1984. The parole, which is supervised by a Seattle-based federal parole officer, officially terminates on May 20, 1987, although the record indicates parole might end as early as May 1986.

On July 31, 1984, Walgren applied for reinstatement to the bar. A hearing before the Board of Governors was held on December 17, 1984, at which Walgren presented numerous witnesses as well as over 100 letters in support of his [561]*561reinstatement. The record also contains a psychologist's report stating that "Mr. Walgren's level of psychological functioning and psychological integrity is adequate" and that the psychologist's evaluation of Walgren "does not reveal any significant psychological reasons why Mr. Wal-gren could not effectively practice law."

II

The major consideration in reinstatement proceedings is whether the disbarred attorney has shown those weaknesses which produced the earlier misconduct have been overcome. In re Egger, 93 Wn.2d 706, 707, 611 P.2d 1260 (1980) (citing In re Johnson, 92 Wn.2d 349, 350, 597 P.2d 113 (1979)). The court has specifically utilized eight criteria in making this assessment:

(a) the applicant's character, standing, and professional reputation in the community in which he resided and practiced prior to disbarment; (b) the ethical standards which he observed in the practice of law; (c) the nature and character of the charge for which he was disbarred; (d) the sufficiency of the punishment undergone in connection therewith, and the making or failure to make restitution where required; (e) his attitude, conduct, and reformation subsequent to disbarment; (f) the time that has elapsed since disbarment; (g) his current proficiency in the law; and (h) the sincerity, frankness, and truthfulness of the applicant in presenting and discussing the factors relating to his disbarment and reinstatement.

In re Eddleman, 77 Wn.2d 42, 44, 459 P.2d 387, 461 P.2d 9 (1969).

Criteria (a), (b), (g), and (h) do not require substantial discussion. Walgren's character, standing, and professional reputation in the community are not seriously questioned. There is no evidence of any other wrongdoing in Walgren's career, either as an attorney or politician. No question is raised in the record as to Walgren's ethical standards while he practiced law nor has any doubt been cast on Walgren's proficiency as an attorney.

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708 P.2d 380, 104 Wash. 2d 557, 1985 Wash. LEXIS 1281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-disciplinary-proceeding-against-walgren-wash-1985.