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Cite as In re Botta, 19 DB Rptr 10 (2005)
7.
At the January 29, 2004, hearing, the Accused represented to the court that he
had contacted the psychiatrist but that the evaluation of Gonzalez had not been
completed because the psychiatrist had not timely responded to the Accused’s request
for an evaluation. At the time the Accused made this representation to the court he
knew that it was false as he had not yet contacted the psychiatrist. Based upon the
Accused’s false representation, the court rescheduled the sentencing hearing to
February 6, 2004.
Violations
8.
The Accused admits that, by engaging in the conduct described in paragraphs
5 through 7, he violated DR 1-102(A)(3), DR 1-102(A)(4), and DR 7-102(A)(5) of
the Code of Professional Responsibility.
Bunse Matter
Facts
9.
On November 6, 2003 the Accused was retained by Jason Bunse (hereinafter
“Bunse”) regarding a probation violation.
10.
On December 4, 2003, Bunse entered a plea denying the violation. The court
set a hearing for January 9, 2004.
11.
On January 8, 2004, Bunse appeared at the Accused’s office and informed the
Accused that he had not yet contacted witnesses for the January 9, 2004, hearing.
Bunse asked the Accused to try and get the hearing rescheduled.
12.
On January 8, 2004, the Accused represented to the court in a telephone
conversation that Bunse could not attend the hearing the following day because he
was stranded in Portland due to inclement weather. At the time the Accused made
that representation to the court he knew that it was false. As a result of the Accused’s
false representation, the court rescheduled the hearing to January 24, 2004.
12