Medford police have accused a Jackson County Circuit Court judge and her attorney husband of acting unethically in last year’s investigation of a fatal crash caused by teen driver Kevan Thatcher- Stephens.

Rebecca and David Orf face formal complaints filed with the Oregon State Bar and the Commission on Judicial Fitness and Disability. The Medford Police Department lodged the complaints this month after detectives expressed frustration with the Orfs’ evasiveness during the five-month investigation, said Medford Deputy Police Chief Randy Schoen.

"They (the Orfs) should have worked as facilitators and not as people that impeded it," Schoen said.

David Orf, a local criminal defense attorney, maintained Friday that he has been ethical in all his dealings regarding the Thatcher-Stephens investigation.

"I look forward to being fully exonerated," Orf said.

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The police department’s complaints against David Orf are public. But the complaint filed against Rebecca Orf with the Commission on Judicial Fitness and Disability is not. Schoen declined to discuss the complaint against the judge beyond characterizing it as an ethical concern.

Police reports released in July indicate the Orfs resisted working with police attempting to determine the whereabouts of Thatcher-Stephens on Feb. 11, 2005, before his Jeep Cherokee collided in Medford with a Chevrolet Blazer driven by Charles Ashley Bench of Shady Cove. Both Thatcher-Stephens, 17, and Bench, 26, were killed.

Police reports show Thatcher-Stephens, who was driving drunk, had been at the Orfs’ Ashland home several times during the week leading up to the wreck. The Orfs were out of the country while their teenage son, Drew, entertained friends.

"These folks are ... officers of the court, and they should be held to a high standard of ethical conduct," Schoen said.

Schoen, in a letter to the bar, said he believes David Orf violated several of the association’s disciplinary rules and rules of professional conduct. If a trial panel finds Orf guilty of violations, he could face a public reprimand, license suspension or disbarment, said bar spokeswoman Kateri Walsh.

Orf has until March 17 to respond to the complaint. He said Friday he plans to file a full response.

"This letter contains statements which are false and made in reckless disregard for the truth," Orf said.

Schoen cited bar prohibitions against engaging in conduct that is prejudicial to the administration of justice and against providing services to clients involved in a criminal investigation while knowingly having possible family involvement along with possible financial, property and personal interests in the investigation’s outcome.

"Early allegations suggested that illegal alcohol consumption may have occurred at the Orfs’ residence, and that consumption may have contributed to this accident. It appears there is a conflict of interest with Mr. Orf advising potential witnesses not to talk to the police. Mr. Orf’s conduct appears to have been done in a manner that would protect his son, his personal and property interests," Schoen’s letter reads.

Schoen’s letter references several conversations detectives had with Ashland High School students who said they should not talk to police upon the advice of an attorney, believed to be David Orf. One student, Jamin Burchard, answered a cell phone call from Orf before beginning an interview with Ashland police detective Brent Jensen, Schoen wrote. After taking the call, Burchard refused to give Jensen a statement.

The Orfs also would not give police the name of the housekeeper staying in their home the night of the crash, Schoen wrote. Detectives didn’t uncover the woman’s identity until April. The housekeeper, Lisa Groover, told investigators that she had wanted to talk to police but that David Orf told her she should have an attorney. During grand jury testimony later that month, Orf said he represented Groover.

Police never established whether Thatcher-Stephens was at the Orf home the night of the crash or how he obtained alcohol. The families of Bench and his passenger, Mark Robustelli, who suffered severe injuries in the crash, are suing the teen’s estate for $8 million.

Schoen said the police department heard from members of the public outraged by the Orfs’ conduct. Although not party to the complaints, other local law enforcement agencies are supportive, the deputy chief said.

"People should be held accountable for their actions regardless of who they are," Schoen said.

Reach reporter Sarah Lemon at 776-4487, or e-mail slemon@mailtribune.com.