On January 18, 2023, the Idaho Supreme Court entered an Order accepting the resignation of Moscow attorney Kathryn L. Marsh in lieu of disciplinary proceedings.

The Order, titled ‘Kathryn L. Marsh Resignation in Lieu of Disciplinary Proceedings′ effectively strikes out Ms. Marsh’s name from the records of the Idaho Supreme Court and terminating her right to practice law in Idaho.

Ms. Marsh was cited to have violated the Idaho Rules of Civil Procedure (IRCP) Rules 1.2(a), 1.4, 8.4(c) and 8.4(d) which states:

Failure to abide by client’s objectives

Failure to reasonably communicate with client about the status of the matter

Conduct involving dishonesty, fraud, deceit, or misrepresentation

Conduct prejudicial to the administration of justice

The rules of professional conduct can be found here.

The Order states:

‘In 2020, a client retained Ms. Marsh to file an adoption petition seeking to terminate the parental rights of the biological father of the client’s minor child and seeking the adoption of the child by the client’s husband. In July 2021, Ms. Marsh informed the client that the biological father had signed a consent form terminating his parental rights and provided copies of an Order for Adoption and Judgment for Adoption.’

The Order continues:

‘Contrary to Ms. Marsh’s representations, she never filed the adoption petition and the biological father never signed a consent form terminating his parental rights. Instead, Ms. Marsh prepared the Order for Adoption and Judgment for Adoption falsely representing that the adoption had been completed.’

The Order further states:

‘In November 2021, the client contacted the court seeking information about the child’s new birth certificate. The court clerks searched for but were unable to find the adoption case because Ms. Marsh never filed the adoption petition. The court clerks then reviewed the Order for Adoption and Judgment for Adoption provided to the client by Ms. March and determined the judge’s signature and the file stamp on the documents were fraudulent.’

By the terms of said order, Ms. Marsh may not make application for admission to the Idaho State Bar sooner than five (5) years from the date of her resignation. If she does make such application, she will be required to comply with all the bar admission requirements and overcome the “unfit to practice law” presumption.

Mr. Marsh was admitted to the practice of law in Idaho in 2018. She graduated from the University of Idaho College of Law in 2016. She last practiced law at Magyar, Rauch, and Associates, PLLC in 326 E. 6th Street, Moscow, Idaho. Her profile can be found on LinkedIn.

A copy of the Order can be found here.