Opinions

• Jurisdiction: Colorado,United States
• Citation: Vol. 29 No. 10 Pg. 123
• Pages: 123
• Publication year: 2000

29 Colo.Law. 123 Colorado Lawyer 2000.

2000, October, Pg. 123. Opinions

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123

Vol. 29, No. 10, Pg. 123

The Colorado Lawyer
October 2000
Vol. 29, No. 10 [Page 123]

From the Courts
Colorado Disciplinary Cases
Opinions

The Colorado Supreme Court has adopted a series of changes to the attorney regulation system, including the establishment of the Office of the Presiding Disciplinary Judge, pursuant to C.R.C.P. 251.16, and a new intermediate appellate entity known as the Appellate Discipline Commission, pursuant to C.R.C.P. 251.24. The Court also made extensive revisions to the rules governing the disciplinary process, repealing C.R.C.P. 241 et seq., and replacing those rules with C.R.C.P 251 et seq. The Presiding Disciplinary Judge presides over attorney regulation proceedings and issues orders together with a two-member hearing board at trials and hearings. The Rules of Civil Procedure and the Rules of Evidence apply to all attorney regulation proceedings before the Presiding Disciplinary Judge. See C.R.C.P. 251.18(d)

Beginning with the September 1999 issue, The Colorado Lawyer will publish the summaries and full-text opinions of the Presiding Disciplinary Judge, Roger L. Keithley, and a two-member hearing board, whose members are drawn from a pool appointed by the Supreme Court, and the opinions of the Appellate Discipline Commission

These Opinions may be appealed in accordance with C.R.C.P. 251.26 and C.R.C.P. 251.27.

The full-text opinions, along with their summaries, are available on the CBA homepage at http://www.cobar.org/tcl/index.htm. See page 131 for details.

Case No. 99PDJ033
(consolidated with 99PDJ066 and 99PDJ126)

The People of the State of Colorado,

Complainant,

v.

Michael P. Andersen,

Respondent.

July 21, 2000

Original Proceeding in Discipline before the

Presiding Disciplinary Judge

OPINION AND ORDER IMPOSING SANCTIONS

Opinion by Presiding Disciplinary Judge Roger L. Keithley and Hearing Board members Madeline A. Collison and Kathleen M. O?Brien, both members of the bar.

SANCTION IMPOSED: ATTORNEY DISBARRED

This matter was heard on January 11, 2000, before the Presiding Disciplinary Judge ("PDJ") and two hearing board members, Madeline A. Collison and Kathleen M. O?Brien, both members of the Bar. Debora D. Jones, Assistant Regulation Counsel, represented the People of the State of Colorado ( the "People") and David C. Little appeared on behalf of Michael P. Andersen ("Andersen") who was also present. The People?s Exhibits 1, 2 and 3 and Andersen?s Exhibit A were admitted into evidence by stipulation. The PDJ and Hearing Board heard testimony from the People?s witnesses Patricia M. Marrison and Mary Lynn Elliott, and from Andersen?s witness Jay Michael Stranges. Andersen testified on his own behalf.

Two disciplinary matters pending against Andersen ? Case No. 99PDJ066 and Case No. 99PDJ033 ? were consolidated on November 16, 1999. Shortly before trial, the parties elected to consolidate Case No. 99PDJ126 into the other two matters so that all pending matters against Andersen could be addressed at the same hearing.1

Default had previously entered in both Case No. 99PDJ033 and Case No. 99PDJ066. Upon Andersen?s motion, by Order dated January 4, 2000, the PDJ set aside the default in Case No. 99PDJ033. At the commencement of the hearing, Andersen moved that the PDJ also set aside the default in Case No. 99PDJ066. The People did not object; accordingly the PDJ set aside the default in Case No. 99PDJ066 and accepted respondent?s Answer filed in all three matters.2

The PDJ and Hearing Board considered the exhibits and argument, the testimony of the witnesses, assessed the credibility of the witnesses, and made the following findings of fact which were established by clear and convincing evidence:

I. FINDINGS OF FACT

Andersen has taken and subscribed the oath of admission, was admitted to the bar of the Colorado Supreme Court on October 15, 1992, and is registered upon the official records of the Court, attorney registration number 22139. He is subject to the jurisdiction of this court pursuant to C.R.C.P. 251.1(b).

A. Case No. 99PDJ033

(1) The Trust Account Checks

Andersen met M. Patricia Marrison ("Marrison") in the summer of 1997. At the time he was suffering from depression. Andersen worked for Marrison?s law firm in Colorado Springs, Colorado from July 1997 until February 16, 1999. Marrison acted as a mentor to Andersen. For a short period of time she allowed him to occupy a basement apartment in her home. Marrison considered Andersen to be a friend. From September 1998 to February 1999, because of a dispute with another of Marrison?s employees, Andersen worked for Marrison from his home.

By early 1999, Andersen was using alcohol and cocaine. On February 17, 1999, Andersen left Colorado Springs, Colorado. At the time, he intended to have one final fling in Las Vegas before he committed suicide. Prior to leaving Colorado, Andersen took three checks from Marrison?s law firm trust account checkbook without her knowledge or authority. He removed the checks from a section of the checkbook where they would not be readily noticed. Andersen placed Marrison?s signature on the checks using a signature stamp. Andersen was aware at the time he used the stamp that he did not have Marrison?s authority to do so. On February 17, 1999, Andersen negotiated one of the checks for $3,400. The check was drawn on the Marrison law office trust account which contained only client funds. Andersen knew the funds in that account did not belong to him. On February 22, 1999, Marrison?s office received a call from a Las Vegas business requesting authorization to cash a trust account check for Andersen in the amount of $750. Marrison declined to authorize the payment, and examined the trust account checkbook and the trust account statements. She discovered that $3,400 had been withdrawn from the bank and that checks were missing from the trust account checkbook. She stopped payment on the missing checks.3

At the time Andersen took the $3,400 from the trust account, Marrison was experiencing a period of personal financial hardship of which Andersen was aware. Andersen has not yet repaid the $3,400 to the trust account.

(2) Incidents of Failing to Appear

In September 1996, Andersen failed to appear at the arraignment of his client Michael Edward Mock although he was aware of the scheduling. Neither Andersen nor his client appeared for the rescheduled arraignment in October 1996. Consequently, an arrest warrant was issued for Andersen?s client.

Also in September 1996, Andersen entered his appearance in a criminal action on behalf of defendant S. J. Andersen failed to appear for the trial in December and again at the rescheduled trial date in February 1997. The court issued a contempt citation against Andersen for failing to appear. Andersen appeared for the contempt hearing and the court assessed fines and costs against him. After several resettings, the trial was set in May 1997 and Andersen again failed to appear to represent his client. Andersen?s client ? who was a juvenile ? proceeded without counsel.

In June 1997, Andersen failed to appear at a preliminary hearing on behalf of his client Christopher Ming Yuan. Andersen?s failure to appear resulted in the issuance of a contempt citation against him. Andersen failed to appear for the contempt hearing.

Also in June 1997, Andersen failed to appear for the arraignment of his client Buck Juanito Whatley. The court reset the arraignment and, on the same date, scheduled a hearing on a show cause order the court issued against Andersen for failing to appear. Andersen again failed to appear.

C. Case No. 99PDJ126

On March 15, 1999, while using alcohol, Andersen took a 1994 Pontiac Firebird automobile from a dealership in Las Vegas, Nevada, and drove the car to Los Angeles, California. At the time he took the vehicle he understood the car did not belong to him. The car was reported as stolen and Andersen was arrested and jailed by the Los Angeles police department. On April 9, 1999, Andersen pled no contest to a violation of the Cal. Vehicle Code § 10851(a) (West 2000), taking a vehicle without the owner?s consent, a felony. Andersen was placed on formal probation for a period of three years, was ordered to serve thirty-eight days and was given credit for time served.

II. CONCLUSIONS OF LAW

The Amended Complaint in Case No. 99PDJ033 alleges that Andersen violated § 18-5-102(1)(c), 6 C.R.S. (1999)(forgery) by knowingly using Marrison?s signature stamp to endorse checks on Marrison?s law office trust account, and that Andersen violated § 18-4-401, 6 C.R.S. (1999)(theft) by knowingly taking trust account checks and using one of them to withdraw $3,400 from the trust account without authorization. The Amended Complaint further alleges that Andersen?s violation of these statutory provisions provided grounds for discipline pursuant to C.R.C.P. 251.5, 44 C.R.C.P. 251.5(b), and also violates Colo. RPC 8.4(b) 5 and Colo. RPC 8.4(c).

Colorado Revised Statutes § 18-5-102, 6 (1999) provides:

(1) A person commits forgery, if, with intent to defraud, such person falsely makes, completes, alters, or utters a written instrument which is or purports to be, or which is calculated to become or to represent if completed:

(c) A deed, will, codicil, contract, assignment, commercial instrument, promissory note, check, or other instrument which does or may evidence, create, transfer, terminate, or otherwise affect a legal right, interest, obligation, or status;6

The facts set forth in 99PDJ033 establish that Andersen engaged...