Opinions
Publication year | 2001 |
Pages | 137 |
2001, August, Pg. 137. Opinions
Vol. 30, No. 8, Pg. 137
The Colorado Lawyer
August 2001
Vol. 30, No. 8 [Page 137]
August 2001
Vol. 30, No. 8 [Page 137]
From the Courts
Colorado Disciplinary Cases
Opinions
Colorado Disciplinary Cases
Opinions
Colorado Supreme Court
Presiding Disciplinary Judge
Presiding Disciplinary Judge
Disciplinary 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. SeeC.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.
The full-text opinions, along with their summaries, are
available on the CBA homepage at
http://www.cobar.org/tcl/index.htm. See page 112 for details.
They are also available on Lexis-Nexis under
www.lexis.com/research. The summaries and opinions may then
be located by clicking on States Legal U.S./Colorado/Cases
and Court Rules/By Court/Colorado Supreme Court Disciplinary
Opinions.
Case Number: 01PDJ032
Petitioner:
BRUCE JAMES DONADIO
Respondent:
THE PEOPLE OF THE STATE OF COLORADO
ORIGINAL PROCEEDING IN DISCIPLINE BEFORE
THE OFFICE OF THE PRESIDING DISCIPLINARY JUDGE
June 8, 2001
ORDER RE: REINSTATEMENT PURSUANT TO C.R.C.P. 251.29(j)
This matter is set for a Reinstatement Hearing on today's
date, June 8, 2001. Teresa M. Garcia appeared on behalf of
the People of the State of Colorado ("respondent").
Jeffrey S. Pagliuca appeared on behalf of the Petitioner,
Bruce James Donadio ("Donadio"). The parties have
submitted a Stipulation and Agreement Concerning
Petitioner's Verified Petition for Reinstatement filed
May 24, 2001 in which the parties stipulate that Donadio has
established, by clear and convincing evidence, that he has
complied with all applicable orders and rules relating to
attorney discipline, that he has rehabilitated himself, and
is fit to practice law. The parties do not believe that a
formal hearing in this matter is necessary. The parties
request that the Presiding Disciplinary Judge enter an Order
reinstating Donadio as an attorney licensed to practice law
in the State of Colorado, subject to the conditions set forth
below.
On June 8, 2001, Bruce James Donadio appeared before the
Presiding Disciplinary Judge, attested to the representations
set forth in the Stipulation and Agreement Concerning
Petitioner's Verified Petition For Reinstatement and
provided testimony. The PDJ, pursuant to C.R.C.P. 251.29(j)
finds that the Petition for Reinstatement was filed within
ninety days prior to the expiration of the eighteen month
period of suspension and the Office of Regulation Counsel has
had ample opportunity to conduct any investigation it deems
necessary and has in fact conducted such an investigation.
Accordingly, the PDJ approves the Stipulation and Agreement
Concerning Petitioner's Verified Petition For
Reinstatement and herein Orders:
BRUCE JAMES DONADIO, attorney registration number 24539 is
reinstated to the practice of law effective June 8, 2001,
subject to the following conditions; such conditions shall
apply for a period of eighteen months:
(a) Donadio shall provide all releases deemed necessary by
Attorney Regulation Counsel to monitor Donadio's
counseling and/or mental health treatment. This includes
releases for any and all records of Donadio's counseling
and/or treatment, and permission for Attorney Regulation
Counsel to discuss Donadio's condition with his treating
mental health professionals and/or sponsors;
(b) Donadio shall continue the following: psychotherapy by
Dr. Randy Cale or other qualified psychiatrist or
psychologist trained in or specializing in substance abuse
issues for as long as that therapist believes such therapy is
required; "aftercare" or other appropriate
treatment and counseling for substance abuse in accordance
with the recommendation of his rehabilitation mental health
providers. The frequency of any counseling shall be
determined by Dr. Cale or any subsequent qualified mental
health provider. All mental health providers utilized by
Donadio must be approved by Attorney Regulation Counsel.
Donadio must promptly inform Attorney Regulation Counsel of
any intended changes in providers and provide Attorney
Regulation Counsel with the appropriate releases to interview
these providers about Donadio. Dr. Cale or any other
qualified mental health professional shall report monthly to
Attorney Regulation Counsel.
(c) Donadio shall submit to random drug and alcohol tests for
one year after he is reinstated to the practice of law in
Colorado. Reports of test results will be made to Attorney
Regulation Counsel. All random drug and alcohol tests
requested of Donadio shall be completed within 24 hours of
the request, absent good cause.
(d) Donadio shall attend Alcoholic Anonymous or Narcotics
Anonymous at least two times weekly.
(e) Practice monitoring shall be required for a period of one
year if Donadio returns to private practice in Colorado or
elsewhere in accordance with the following terms:
(1) An attorney approved by Attorney Regulation Counsel shall
monitor Donadio's law practice for one year in accordance
with these conditions. Donadio shall identify the proposed
monitor to the Attorney Regulation Counsel at least 30 days
prior to returning to private law practice.
(2) As Donadio acquires clients, he shall notify the monitor
and provide an initial summary of the client's matter and
any action he intends to take. Donadio shall prepare and
provide to the monitor a timeline for each open case showing
deadlines for various actions. On subsequent lists, Donadio
shall note whether the deadlines have been met and shall
identify any additional action that has been taken;
(3) The monitor shall review Donadio's tickler and
calendar system initially and then at least twice more, at
approximately months six and twelve after the monitor's
monitoring period begins;
(4) Donadio shall brief the monitor on his method of
accounting for fees (including trust funds). Initially, and
at six-month intervals, Donadio shall provide proof to the
monitor of the existence of a trust account for any client
retainers, advance fees or other funds held for clients or
third parties arising from his law practice. The monitor need
not audit Donadio's accounts or finances, but should
determine whether Donadio has a ledger or other system which
reasonably appears to accomplish Donadio's safeguarding
and accounting obligations under Colo. R.P.C. 1.15 or similar
rules in other jurisdictions. If the monitor has any
unresolved concerns about Donadio's financial accounting,
the monitor should notify the Attorney Regulation Counsel,
which may investigate further or suggest resolution of the
concerns. Donadio is responsible for providing complete and
accurate information to the monitor, understanding that the
effectiveness of the monitor's oversight depends on the
information provided by Donadio;
(5) The monitoring shall be for a period of one year
following Donadio's return to private practice. The one
year period of monitoring applies regardless of the date
Donadio returns to private practice;
(6) The monitor shall notify the Attorney Regulation Counsel
of any concerns requiring more extensive monitoring. Donadio
shall comply with any increased monitoring requirements
directed by the monitor or the Attorney Regulation Counsel;
(7) The monitor will notify the Attorney Regulation Counsel
of any serious deficiencies in Donadio's capability to
handle the current or an increased caseload, or capability to
handle a particular case. The monitor need not investigate
the deficiencies fully, but may request further investigation
by the Attorney Regulation Counsel;
(8) The monitoring shall be at Donadio's own expense;
(9) The monitor will take into account Donadio's
geographical location in setting the schedule and conditions
for review and deciding upon a telephonic or an in-person
conference;
(10) The monitor shall send the Attorney Regulation Counsel a
letter report monthly to summarize the monitor's actions
to meet the responsibility under the monitoring agreement.
The monitor should note Donadio's compliance with the
calendaring, tickling, accounting and other requirements set
forth under this monitoring plan. Any issues or concerns that
were addressed by the monitor and Donadio, and the resolution
of those issues (or the lack of resolution) should be
included in the report. The Attorney Regulation Counsel
reserves the right to require a more detailed written or oral
report from the monitor, or to conduct an investigation of
Donadio's compliance with the conditions;
(11) The monitor is not expected to provide substantive legal
advice to Donadio about any of his cases or any legal...
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