Attorney “Sounded Like An Animal Being Killed”
The Washington State Supreme Court has imposed a suspension of a year and fitness for misconduct that involved disruptive courtroom behavior and a false police report.
The conduct in a highly contentious custody matter
Throughout the trial, [attorney] Abele was repeatedly admonished for interrupting the court and other counsel. She slammed objects on the table and made loud comments when Judge Farris ruled against her. Though Abele’s comments and actions were distracting to opposing counsel, she did not stop when the court instructed her to do so. Instead, Abele would falsely respond, “I did not say anything” and continue to engage in disruptive behavior.
In a later proceeding
Abele repeatedly interrupted Judge Farris, even yelling to express her disagreement. When Judge Farris directed staff to summon security, Abele announced, “I’m going to jail. I’m going to jail,” placing her hands over her head, crossed at the wrists as if being handcuffed. Abele walked out of the courtroom while court was still in session, causing the proceedings to come to a halt. Abele reentered the courtroom and announced, “I’m leaving. I’m out of here …. I’m abstaining completely …. Good-bye.”
…On Abele’s return, Judge Farris continued to make a record of Abele’s behavior. Judge Farris stated that in the previous hearing Abele had made “loud noises that to me sounded like an animal being killed” and that “I have been in these courts for 30 years, 18 as a judge. I have never heard anything – have never heard any lawyer make any kind of noise or do anything like that before.” Abele again yelled at the judge, attributing her previous scream to a hip injury and claiming that her yelling was the result of a hearing disability. Judge Farris held Abele in contempt “based on your screaming, yelling, jumping up and down in my courtroom, stomping and then stomping out and refusing to represent your client …. ” Abele responded, “Your Honor, I appreciate your lecture. Could you just tell me how much I have to pay in a fine so I can get rid of it and take care of it and resolve this issue with you?”
She was held in contempt which she promptly purged.
The second matter involved a false report that a deputy marshall had tripped her
The hearing officer properly resolved this issue by making a permissible credibility determination. Abele argues that she did not knowingly file a false report because she believed that she was tripped. The WSBA argues that Abele knew that she wasn’t tripped and that she invented the complaint because she wanted to get the marshals in trouble. It was up to the hearing officer to determine which version was more credible, and after considering all the evidence, he found that Abele’s version of events was not credible and that the WSBA explanation was the only reasonable explanation.
The court concluded that suspension was required
Abele’s briefing also shifted blame for her misconduct to Judge Farris. The hearing officer specifically found that Abele’s assertion that her outbursts were caused by a hearing disability was not credible, and he explicitly rejected her assertions that Judge Farris’s behavior provoked her outburst. These factual findings are unchallenged. The hearing officer also found, and Abele does not challenge, that Abele’s remaining excuses and explanations were not credible. We therefore reject Abele’s contention that the aggravating factor “refusal to acknowledge wrongful nature of conduct” does not apply…
The presumptive sanction for a knowing violation of these rules is suspension. We therefore adopt the Board’s recommendation in full and order that Abele be suspended from the practice of law for one year, that she complete an evaluation to determine her fitness to practice prior to being reinstated to the practice of law, and that she pay all costs and expenses, including attorney fees awardable under the ELC 13.9.
The court rejected the “stress of litigation” as a mitigating factor. (Mike Frisch)