aggravating and mitigating factors in Washington

2021Aggravating factors outweigh mitigating factors The presumptive sanction should be upheld unless “the aggravating and mitigating factors are sufficiently compelling to justify a departure.” In re Disciplinary Proceeding Against Cohen, 149 Wn.2d 323, 339 , 67 P.3d 1086 (2003).

2021Aggravating factors outweigh mitigating factors The presumptive sanction should be upheld unless “the aggravating and mitigating factors are sufficiently compelling to justify a departure.” In re Disciplinary Proceeding Against Cohen, 149 Wn.2d 323, 339 , 67 P.3d 1086 (2003).

2007In re Whitney, 155 Wash.2d at 468 , 120 P.3d 550 (citing In re Halverson, 140 Wash.2d at 492-93 , 998 P.2d 833 ). *339 ¶ 27 Here, the Board unanimously concluded that Dornay acted with intent to deceive the court; consequently, it found that ABA Standard 6.11 (disbarment) is the appropriate standard.

2007Whitney, 155 Wn.2d at 468 (citing Halverson, 140 Wn.2d at 492-93 ). ¶27 Here, the Board unanimously concluded that Dornay acted with intent to deceive the court; consequently, it found that ABA Standards std. 6.11 (disbarment) is the appropriate standard.

2026“Next, we consider whether the hearing officer properly weighed the aggravating and mitigating factors.” Id.

2006But because we must consider the violations in light of the aggravating and mitigating factors and the unanimity of the Board, Cohen II, 150 Wn.2d at 758 , Burtch is not analogous to the case before us.

2019The court issued a separate order setting the amount of the County's penalty after weighing the aggravating and mitigating factors set forth in Yousoufian II, 168 Wn.2d at 463-68 .

2013In doing so, the court applied the aggravating and mitigating factors articulated by our Supreme Court for setting the amount of PRA penalties in Yousoufian v. Office of Ron Sims, 168 Wn.2d 444, 466-68 , 229 P.3d 735 (2010) (Yousoufian V). ¶9 In particular, the trial court relied on a “Public Disclosure Routing Slip” that Francis obtained through discovery.

2006Finally, this court "considers the recommended sanction in light of ... the degree of unanimity among the Board and its proportionality with sanctions imposed for similar misconduct." Id. (citing In re Disciplinary Proceeding Against Kuvara, 149 Wash.2d 237, 259 , 66 P.3d 1057 (2003)). 1.

2006Finally, this court "considers the recommended sanction in light of ... the degree of unanimity among the Board and its proportionality with sanctions imposed for similar misconduct." Id. (citing In re Disciplinary Proceeding Against Kuvara, 149 Wash.2d 237, 259 , 66 P.3d 1057 (2003)). 1.

2013Cramer, 165 Wn.2d at 339 .

2013Id.

2010A-though “the ultimate responsibility for determining the nature of discipline rests with this court and not the Disciplinary Board,” we rely on the Board’s expertise and have chosen to be “guided by the recommendations of the Disciplinary Board.” In re Disciplinary Proceeding Against Noble, 100 Wn.2d 88, 95 , 667 P.2d 608 (1983).

2010A-though “the ultimate responsibility for determining the nature of discipline rests with this court and not the Disciplinary Board,” we rely on the Board’s expertise and have chosen to be “guided by the recommendations of the Disciplinary Board.” In re Disciplinary Proceeding Against Noble, 100 Wn.2d 88, 95 , 667 P.2d 608 (1983).

2010In re Kronenberg, 155 Wash.2d at 195 , 117 P.3d 1134 .

2010In re Kronenberg, 155 Wn.2d at 195 .

2009In re Disciplinary Proceeding Against Holcomb, 162 Wn.2d 563, 592 , 173 P.3d 898 (2007).

2009In re Disciplinary Proceeding Against Holcomb, 162 Wn.2d 563, 592 , 173 P.3d 898 (2007).

2005Id.

2005Id.

1999After assessing the aggravating and mitigating factors, and noting the rule that suspensions generally "`should be for a period of time equal to or greater than six months[,]'" McMullen, 127 Wash.2d at 170 , 896 P.2d 1281 (quoting approvingly STANDARDS FOR IMPOSING LAWYER SANCTIONS std. 2.3, at 8 (1986)), we conclude that the six-month suspension here is easily supportable.

1999After assessing the aggravating and mitigating factors, and noting the rule that suspensions generally “ ‘should be for a period of time equal to or greater than six months[,]’ ” McMullen, 127 Wn.2d at 170 (quoting approvingly Standards for Imposing Lawyer Sanctions std. 2.3, at 8 (1986)), we conclude that the six-month suspension here is easily supportable.

1984In re Luft, 21 Wn.

1984In re Luft, 21 Wn.

2021B.O.J., 194 Wn.2d at 325 .

2018The hearing officer also determined that the aggravating and mitigating factors did not warrant a departure from the presumptive sanction, and the Board agreed. ¶ 52 We will not depart from the presumptive sanction unless "the balance of aggravating and mitigating factors is 'sufficiently compelling." ' In re Disciplinary Proceeding Against Del Carmen Rodriguez, 177 Wash.2d 872 , 888, 306 P.3d 893 (2013) (quoting In re Disciplinary Proceeding Against Cohen, 149 Wash.2d 323 , 339, 67 P.3d 1086 (2003) ).

2018The hearing officer also determined that the aggravating and mitigating factors did not warrant a departure from the presumptive sanction, and the Board agreed. ¶ 52 We will not depart from the presumptive sanction unless "the balance of aggravating and mitigating factors is 'sufficiently compelling." ' In re Disciplinary Proceeding Against Del Carmen Rodriguez, 177 Wash.2d 872 , 888, 306 P.3d 893 (2013) (quoting In re Disciplinary Proceeding Against Cohen, 149 Wash.2d 323 , 339, 67 P.3d 1086 (2003) ).

2018We held ABA Standards std. 5.11(b) applied to her conduct, but "after balancing the aggravating and mitigating factors and considering unanimity and proportionality [determined that] a departure from the presumptive sanction is justified." Christopher, 153 Wash.2d at 688, 105 P.3d 976 . ¶ 56 In reviewing the applicable standard for imposing sanctions, we apply the ABA Standards.

2013App. 639 , 922 P.2d 832 (1996), which abrogated this case on other grounds was subsequently vacated, 133 Wn.2d 828 , 947 P.2d 1199 (1997) No. 67108-1-1/5 By contrast, under the Juvenile Justice Act the juvenile court must consider the aggravating and mitigating factors enumerated in RCW 13.40.150, all relevant and material evidence and recommendations, and the stated purposes of the act.

2013App. 639 , 922 P.2d 832 (1996), which abrogated this case on other grounds was subsequently vacated, 133 Wn.2d 828 , 947 P.2d 1199 (1997) No. 67108-1-1/5 By contrast, under the Juvenile Justice Act the juvenile court must consider the aggravating and mitigating factors enumerated in RCW 13.40.150, all relevant and material evidence and recommendations, and the stated purposes of the act.

2013App. 639 , 922 P.2d 832 (1996), which abrogated this case on other grounds was subsequently vacated, 133 Wn.2d 828 , 947 P.2d 1199 (1997) No. 67108-1-1/5 By contrast, under the Juvenile Justice Act the juvenile court must consider the aggravating and mitigating factors enumerated in RCW 13.40.150, all relevant and material evidence and recommendations, and the stated purposes of the act.

2013State v. P, 37 Wn.

2009In Miller, we disbarred an attorney for drafting a will that named the attorney as a beneficiary, borrowing against a client's certificate of deposit, and having a doctor declare the client incapacitated without conducting any examination. 149 Wash.2d at 268-73, 66 P.3d 1069 .

2006We also specifically noted that based on the aggravating and mitigating factors, the "60-day suspension was lenient." Id. at 596 n. 11, 106 P.3d 221 .

2006We also specifically noted that based on the aggravating and mitigating factors, the "60-day suspension was lenient." Id. at 596 n. 11, 106 P.3d 221 .