Disciplinary Opinions - June 2006 - Colorado Disciplinary Cases
| Jurisdiction | Colorado,United States |
| Citation | Vol. 35 No. 6 Pg. 139 |
| Pages | 139 |
| Publication year | 2006 |
2006, June, Pg. 139. Disciplinary Opinions - June 2006 - Colorado Disciplinary Cases
June 2006
Vol. 35, No. 6 [Page 139]
Colorado Disciplinary Cases
Disciplinary Opinions
The Colorado Supreme Court 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. 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, together with a two-member hearing board, issues orders 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). These Opinions may be appealed in accordance with C.R.C.P. 251.27.
The Colorado Lawyer publishes the summaries and full-text Opinions of the Presiding Disciplinary Judge, William R. Lucero, and a two-member hearing board, whose members are drawn from a pool appointed by the Supreme Court. For space purposes, Exhibits, Complaints, and Amended Complaints may not be printed.
The full-text Opinions, along with their summaries, are accessible from the CBA website: http://www.cobar.org (click on The Colorado Lawyer tab, then the appropriate issue). Opinions, including Exhibits, Complaints, and Amended Complaints and summaries, also are available at the Office of Presiding Disciplinary Judge website: http://www.coloradosupremecourt.com/PDJ/pdj.htm; and on LexisNexis(tm) at http://www.lexis.com/research, by clicking on States Legal-U.S./Colorado/Cases/CO Supreme Court Disciplinary Opinions from 1999.
Case Number: 05PDJ049
Complainant:
THE PEOPLE OF THE STATE OF COLORADO,
Respondent:
RICHARD A. CREWS
March 6, 2006
On January 5, 2006, the Presiding Disciplinary Judge ("the Court") held a Sanctions Hearing pursuant to C.R.C.P. 251.18(d). Kim E. Ikeler appeared on behalf of the Office of Attorney Regulation Counsel ("the People"). Richard A. Crews ("Respondent") did not appear, nor did counsel appear on his behalf. The Court issues the following Report, Decision, and Order Imposing Sanctions.
I. ISSUE
If Regulation Counsel does not seek substantially different discipline, and if the respondent does not challenge an order based on any of the grounds set forth in C.R.C.P. 251.21(d)(1-4), then the Presiding Disciplinary Judge may impose the same discipline imposed by a foreign jurisdiction. Respondent failed to participate in these reciprocal proceedings and the People do not seek substantially different discipline. Is disbarment the appropriate reciprocal discipline under these circumstances?
SANCTION IMPOSED: ATTORNEY DISBARRED
II. PROCEDURAL HISTORY AND BACKGROUND
Respondent failed to file an Answer in these proceedings and the Court granted the People's Motion for Default on October 24, 2005. Upon the entry of default, the Court deems all facts in the Complaint admitted and all rule violations established by clear and convincing evidence. People v. Richards, 748 P.2d 341, 346 (Colo. 1987).
The Court hereby adopts and incorporates by reference the factual background of this case fully detailed in the admitted Complaint and the attachments to the Complaint.(fn1) In summary, the Oregon State Bar ("OSB") filed an Amended Formal Complaint against Respondent on July 23, 2004. OSB alleged the following in their Complaint:
1. Respondent committed a criminal act that adversely reflected on his honesty, trustworthiness, or fitness to practice law;
2. Respondent neglected a legal matter;
3. Respondent failed to fully and truthfully respond to inquiries from an authority empowered to investigate or act upon the conduct of lawyers;
4. Respondent withdrew funds without taking steps to the extent reasonably practical to protect the client's interest; and
5. Respondent failed to promptly return client property.
Respondent never responded to OSB's Amended Formal Complaint. On October 7, 2004, a Trial Panel of Oregon's Disciplinary Board entered a default judgment against him. On February 25, 2005, the Trial Panel adopted the facts and recommendations set forth in the OSB's Sanctions Memorandum and disbarred Respondent. Respondent did not appeal his Oregon disbarment.
"A lawyer admitted to practice in this jurisdiction is subject to the disciplinary authority of this jurisdiction although engaged in practice elsewhere." Colo. RPC 8.5. A final adjudication in another jurisdiction of misconduct constituting grounds for discipline of an attorney shall, for purposes of proceedings pursuant to these Rules, conclusively establish such misconduct. C.R.C.P. 251.21(a). The adopted facts establish that Respondent violated Colo. RPC 8.4(b) (it is professional misconduct for a lawyer to commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness to practice law in other respects), Colo. RPC 8.4(c) (it is professional misconduct for a lawyer to engage in dishonesty, fraud, deceit or misrepresentation), Colo. RPC 1.3 (a lawyer shall act with reasonable diligence and promptness in representing a client and shall not neglect a legal matter entrusted to that lawyer), Colo. RPC 8.1(b) (a lawyer shall not knowingly fail to respond reasonably to a lawful demand for information from a disciplinary authority), Colo. RPC 1.16(d) (upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client's interest), and Colo. RPC 1.15(b) (upon receiving client funds or other property, the lawyer shall promptly deliver to the client any funds or other property that the client is entitled to receive).
III. SANCTIONS
At the conclusion of proceedings brought under C.R.C.P. 251.21, a Hearing Board shall issue a decision imposing the same discipline imposed by the foreign jurisdiction, unless it is determined by the Hearing Board that:
(1) The procedure followed in the foreign jurisdiction did not comport with requirements of due process of law;
(2) The proof upon which the foreign jurisdiction based its determination of misconduct is so infirm that the Hearing Board cannot, consistent with its duty, accept as final the determination of the foreign jurisdiction;
(3) The imposition by the Hearing Board of the same discipline as was imposed in the foreign jurisdiction would result in grave injustice; or
(4) The misconduct proved warrants that a substantially different form of discipline be imposed by the Hearing Board.
C.R.C.P. 251.21(d)(1-4). However, if Regulation Counsel does not seek substantially different discipline and if the respondent does not challenge the order based on any of the grounds set forth in (d)(1-4) above, then the Presiding Disciplinary Judge may, without a hearing or Hearing Board, issue a decision imposing the same discipline as imposed by the foreign jurisdiction. C.R.C.P. 251.21(e). The People did not seek a substantially different discipline and Respondent did not challenge the Oregon order. Accordingly, the Court issues this decision imposing the same discipline as imposed by the State of Oregon.
IV. CONCLUSION
One of the primary goals of our disciplinary system is to protect the public from lawyers who pose a danger to them. For over three years, Respondent disregarded his duties to his clients and his obligations to the legal profession. The Colorado Rules of Professional Conduct specifically protect the public from lawyers licensed in Colorado but who practice in other jurisdictions. Respondent's failure to participate in these reciprocal proceedings or challenge the order of disbarment from Oregon leaves the Court with no option but to impose the same discipline. Accordingly, the Court concludes disbarment is the appropriate sanction in this case.
V. ORDER
The Court therefore ORDERS:
RICHARD A. CREWS, Attorney Registration No. 32472, is DISBARRED from the practice of law, effective thirty-one (31) days from the date of this Order, and his name shall be stricken from the list of attorneys licensed to practice law in the State of Colorado.
RICHARD A. CREWS SHALL pay the costs of these proceedings. The People shall submit a Statement of Costs within fifteen (15) days of the date of this Order. Respondent shall have ten (10) days within which to respond.
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1. The Court attached the Complaint to this Report as Exhibit A.
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Case Number: 05PDJ039
Complainant:
THE PEOPLE OF THE STATE OF COLORADO,
Respondent:
MICHAEL A. WALKER.
December 27, 2005
On October 17-19, 2005, Gail C. Harriss, Maureen A. Cain, both members of the Bar, and William R. Lucero, the Presiding Disciplinary Judge ("the Hearing Board"), held a hearing pursuant to C.R.C.P. 251.18. Charles E. Mortimer, Jr., and Cynthia D. Mares appeared on behalf of the Office of Attorney Regulation Counsel ("OARC"). Michael A. Walker ("Respondent") appeared pro se though the Presiding Disciplinary Judge urged Respondent numerous times to obtain counsel and that if he could not afford counsel, the Court would provide him with a list of attorneys who would offer their services to him pro bono. The Hearing Board issues the following Opinion and Order Imposing Sanctions based upon the presentation of the Parties.
I. ISSUE
Suspension is generally appropriate when a lawyer causes injury by: (1) failing to act diligently; (2) improperly attempting to influence witness testimony; or (3) offering a false document in court proceedings. Respondent took fees from clients then failed to meaningfully communicate with or diligently represent them. Respondent also pressured a former client to recant a valid...
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