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

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Cite as In re Tuttle, 19 DB Rptr 216 (2005) IN THE SUPREME COURT OF THE STATE OF OREGON In re: ) ) Complaint as to the Conduct of ) Case No. 04-45 ) STEPHANIE J. TUTTLE, ) ) Accused. ) Counsel for the Bar: Robert A. Heard; Jane E. Angus Counsel for the Accused: Christopher R. Hardman Disciplinary Board: Irene Bustillos Taylor, Chair; W. Bradford Jonasson; Marvin C. Hines, Public Member Disposition: Violation of DR 7-103(B). Trial Panel Opinion. 30-day suspension. Effective Date of Order: July 1, 2005* * A Stipulation to Waive Right and Time to File Request for Review and to Expedite Effective Date of Suspension was signed by parties on June 24, 2005. The Order Approving Stipulation to Waive Right and Time to File Request for Review and to Expedite Effective Date of Suspension was signed on June 28, 2005. Suspension started on July 1, 2005. STIPULATION TO WAIVE RIGHT AND TIME TO FILE REQUEST FOR REVIEW AND TO EXPEDITE EFFECTIVE DATE OF SUSPENSION This matter having been heard upon the Stipulation to Waive Right and Time to File Request for Review and to Expedite Effective Date of Suspension entered into by Stephanie J. Tuttle (hereinafter “Accused”) and the Oregon State Bar (hereinafter “Bar”) and good cause appearing, IT IS HEREBY ORDERED that the stipulation is approved. The Accused shall be suspended from the practice of law for 30 days for violation of DR 7-103(B) of the Code of Professional Responsibility, effective July 1, 2005, or two days after the date of this order, whichever is later. 216
Cite as In re Tuttle, 19 DB Rptr 216 (2005) DATED this 28th day of June 2005. /s/ Jill A. Tanner Jill A. Tanner, Region 6 Disciplinary Board Chairperson /s/ Michael C. Zusman Michael C. Zusman State Disciplinary Board Chairperson OPINION OF THE TRIAL PANEL This matter came before a duly constituted trial panel of the Disciplinary Board of the Oregon State Bar on March 31, 2005, at the Oregon State Bar Center in Lake Oswego, Oregon. The panel consisted of Irene Bustillos Taylor, Esq., Trial Panel Chairperson; W. Brad Jonasson, Esq., Trial Panel Member; and Marvin Hines, Public Panel Member. The Accused was represented by Christopher Hardman, Esq. Jane Angus, Disciplinary Counsel, and Robert A. Heard, Esq. represented the Bar. FINDINGS OF FACT Stephanie J. Tuttle (hereinafter “the Accused”) has been an Oregon State Bar member since 1993, and has been employed exclusively as a public prosecutor by the Marion County District Attorney’s office. During all relevant times, the Accused administered a very high caseload of complex and difficult cases. The Accused is held in the highest regard by the bench, Bar, and employer. In the summer of 2002, the Accused was assigned the prosecution of Sherry Lynn Ricks (hereinafter “Ricks”) in the Marion County Circuit Court. As the deputy responsible for prosecuting the Ricks case, the Accused took the case to the grand jury, and obtained an indictment charging Ricks with three counts of Compelling Prostitution and three counts of Delivery of a Controlled Substance to a Minor. The victim in all six counts was a minor, Megan Payne (hereinafter “Payne”). Trial was set for the Ricks case on March 17, 2003. On or about March 1, 2003, the Accused was assigned as the trial deputy to State v. Kenneth L. Ford, Marion County Circuit Court Case No. 02C48263. Ford was charged with one count each of Rape in the First Degree, Delivery of a Controlled Substance to a Minor, Delivery of a Controlled Substance, Child Neglect in the First Degree, Felon in Possession of a Weapon, and Attempted Compelling Prostitution. Ford was represented by Salem lawyer Paul Ferder (hereinafter “Ferder”). The indictment alleged Payne as the victim in three of the six charges, namely the Rape, Delivery of a Controlled Substance to a Minor, and the Attempted Compelling Prostitution charges. 217
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white text DISCIPLINARY BOARD REPOR
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white text PREFACE This Disciplinar
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white text Justices of the Oregon S
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white text 2005 DISCIPLINARY BOARD
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Cases Reported in Volume 19 In re C
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Cases Reported in Volume 19 In re K
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Cases Reported in Volume 19 In re S
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TABLE OF CASES (References are to t
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Table of Cases In re Jordan, 295 Or
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Table of Rules and Statutes DR 3-10
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Table of Rules and Statutes DR 7-11
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TABLE OF BAR RULES OF PROCEDURE (Re
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