Lawyer is suspended for courtroom disruptions, claim that marshal tripped her
The Washington Supreme Court has suspended a lawyer for her courthouse behavior—which included making a loud noise said to sound like an animal being killed—and for making an alleged false claim that a deputy marshal tripped her.
The lawyer, Kathryn Abele, was suspended for a year, the Legal Profession Blog reports. She tells the ABA Journal in an email that she is devastated by the decision, and she feels the one-year suspension is too harsh, given that another lawyer convicted of two counts of vehicular homicide received only a six-month suspension.
According to the the supreme court opinion (PDF), Abele’s disruptive behavior occurred while representing the father in a custody battle before Judge Anita Farris.
“Throughout the trial, “ the supreme court said, “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.” Abele persisted when instructed to stop, telling the judge “I did not say anything,” the supreme court said.
In a post-trial hearing, Abele again became angry. Farris called a recess and left the bench. At that point, Abele “made a loud screaming noise that could be heard in other rooms in the courthouse,” the supreme court said.
At the next post-trial hearing, the supreme court said, “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 re-entered the courtroom and announced, ‘I’m leaving. I’m out of here.’ ”
Farris ordered security personnel to retrieve Abele. Upon Abele’s return, Farris made a record of Abele’s behavior, stating that the lawyer had, in the previous hearing, made “loud noises that to me sounded like and animal being killed.”
According to the supreme court, “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.”
Farris held Abele in contempt. Abele’s response: “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?” After leaving the courtroom, Abele yelled, “That bitch,” the opinion says.
Farris had said Abele could purge herself of contempt if she contacted the Lawyer’s Assistance Program. Abele complied the next day.
Abele made the complaint about being tripped after she confronted a security officer called earlier in the day to respond to her alleged disruptive behavior in a courthouse hallway. She forced her way between the officer and another security marshal, brushing against the second marshal’s knee. “Abele immediately spun around, pointed and yelled,” accusing the marshal of tripping her, according to the opinion. She called 911 and made the same accusation. The responding officer reviewed the security video and decided it did not support Abele’s version of events.
Abele had argued the stress of litigation should be considered a mitigating factor in the ethics case, but the supreme court rejected the argument.
After the one-year suspension, Abele will have to prove fitness to practice before she is reinstated.
Abele says the loud cry she made was due to pain she sometimes experiences. She says she is 6-feet, 3-inches tall and weighs 300 pounds. One professional friend has suggested she has an intimidating presence. “I am loud and have been all my life,” she says in an email.
In the final contempt hearing before Farris, ” I know I was emotional,” Abele says. She says she was upset that Farris didn’t believe her cry was due to pain,
Abele also says she was telling the truth about the marshal tripping her. “IDNL. Means I did not lie,” she says. A lay witness supported her version of the tripping incident, but he was found not credible because he didn’t know where the X-ray machine was, she says.
“I don’t know how to express my disappointment with this whole situation,” Abele writes in the email. “I have so much support from attorneys here in Snohomish County, and everyone believes I did not lie about being tripped.”
