Washington Supreme Court hears arguments on Troy Kelly’s disbarment appeal

Troy Kelly urged the Washington Supreme Court on June 11 to require the Office of Disciplinary Counsel (ODC) to present factual detail beyond a short jury verdict when seeking disbarment, saying reliance on a “one- or two-page jury verdict” deprives a hearing officer of meaningful discretion. "This court should hold on the narrow issue that when ODC is seeking disbarment, ODC must present more than a 1 or 2 page jury verdict," Kelly told the justices.

Ben Attanasio, appearing for ODC, responded that Kelly has been convicted of eight federal felonies, all upheld on appeal, and that the only question before the court is the appropriate disciplinary sanction. "These are crimes of dishonesty," Attanasio said, and ODC asked the court to adopt the disciplinary hearing officer’s recommendation of disbarment.

The parties focused on legal standards and the scope of the record. ODC pointed to ABA Standard 5.11(a), which creates a presumptive disbarment for…