P:\CLEPUB\Books\Disciplinary Board Reporter ... - Oregon State Bar

Cite as In re Matthews, 19 DB Rptr 193 (2005)
In March 2003, the parties, with their respective counsel reappeared before Judge
Billings. Judge Billings continued the prior custody order and modified the parenting
plan contained in the 2002 judgment and requested that the Accused prepare an
order. As of April 22, 2003, the Accused had not submitted an order. On April 22,
2003, Father died of a massive stroke.
8.
On Monday, April 28, 2003, Mother contacted stepmother (Father remarried
after the 2002 modification) and advised that Mother would be picking up her
children on May 2, 2003, for visitation, consistent with the 2002 modified judgment.
On Friday, May 2, 2003, Mother was greeted by stepmother at the family home.
Stepmother provided Mother with a letter from the Accused wherein she advised
stepmother that regardless of Father’s death, the children remained in his legal
custody. The Accused advised stepmother to permit Mother only supervised parenting
time at stepmother’s home or other agreed upon location.
9.
On Friday, May 2, 2003, Mother took the children to the Springfield Police
Department with the 2002 modification decree. Mother explained to the police officer
that her former husband was dead, that she was the children’s mother and detailed
her plans to take the children to her home in Washington that evening. Mother
explained to the police that stepmother had said that if Mother did not return the
children, Mother would be arrested for kidnapping. Mother took her children to
Washington on May 2, 2003.
10.
On May 2, 2003, the Accused prepared a motion for order of assistance, an
affidavit for her own signature in support of the motion, and an order of assistance
using the same caption as that used in the modification matter. In the motion for
order of assistance and order, the Accused sought the court’s assistance in recovering
the children by representing that Father was awarded sole legal custody of the
children until a court specifically ordered otherwise, that Mother was holding the
children in violation of a determination of legal custody by Judge Billings, and that
Father was entitled to the court’s assistance in recovering the children.
11.
In the affidavit in support of the motion, which the Accused signed, the
Accused reiterated Father’s award of legal custody and represented that Mother told
stepmother that she would return the children on the evening of May 2, 2003, but
instead took them to her home in Washington State. The Accused further represented
that “the children are in imminent danger because [the eldest child] resides with
Mother, and he has been held by Judge Billings to be a danger to the younger
195