Disciplinary Opinion
| Publication year | 2009 |
| Pages | 143 |
2009, June, Pg. 143. Disciplinary Opinion
June 2009
Vol. 38, No. 6 [Page 143]
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 (PDJ), 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 PDJ 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 PDJ. See C.R.C.P. 251.18(d). Disciplinary Opinions may be appealed in accordance with C.R.C.P. 251.27.
The Colorado Lawyer publishes the summaries and full-text Opinions of PDJ William R. Lucero and the 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. Disciplinary Opinions are printed as submitted by the Office of the PDJ and are not edited by the staff of The Colorado Lawyer.
Case No. 07PDJ056
Complainant: THE PEOPLE OF THE STATE OF COLORADO,
Respondent: CHRISTOPHER ALSTER.
March 12, 2009
On January 8, 2009, the Presiding Disciplinary Judge ("the Court") held a Sanctions Hearing pursuant to C.R.C.P. 251.18(d). Margaret B. Funk appeared on behalf of the Office of Attorney Regulation Counsel ("the People"). Christopher Alster ("Respondent") did not appear, nor did counsel appear on his behalf. The Court now issues the following "Report, Decision, and Order Imposing Sanctions Pursuant to C.R.C.P. 251.19(c)."
Respondent placed personal funds into a COLTAF account and thereafter used it as a personal business account to hide personal assets from his creditors. He also failed to provide mitigating evidence or otherwise participate in these proceedings. When an attorney violates a duty owed as a professional and then engages in conduct involving dishonesty, fraud, deceit or misrepresentation, the presumptive sanction ranges from public censure to suspension. What is the appropriate sanction for Respondent's misconduct?
The People filed their complaint in this matter on September 13, 2007. Respondent failed to answer the complaint or otherwise participate in these proceedings and the Court granted "Complainant's Motion for Default" on September 9, 2008. Upon the entry of default, the Court deems all facts set forth in the complaint admitted and all rule violations established by clear and convincing evidence.(fn1)
The Court hereby adopts and incorporates by reference the factual background of this case fully detailed in the...
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