Disciplinary Opinion: People v. Mulvihill
| Publication year | 2011 |
| Pages | 153 |
| Citation | Vol. 40 No. 6 Pg. 153 |
2011, June, Pg. 153. Disciplinary Opinion: People v. Mulvihill
June 2011
Vol. 40, No. 6 [Page 153]
Colorado Disciplinary Cases
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 appointedby the Supreme Court. For space purposes, exhibits, complaints, and amended complaints may not be printed. Disciplinary Opinions are printed as submittedby the Office of the PDJ and are not editedby the staff of The Colorado Lawyer.
Complainant:
THE PEOPLE OF THE STATE OF COLORADO,
Respondent:
HENRY N. MULVIHILL
DECISION AND ORDER IMPOSING SANCTIONS PURSUANT TO C.R.C.P. 251.19(c)
On January 21, 2010, the Presiding Disciplinary Judge (Court) held a Sanctions Hearing pursuant to C.R.C.P. 251.15(b). Charles E. Mortimer, Jr. appeared on behalf of the Office of Attorney Regulation Counsel (the People). Henry N. Mulvihill (Respondent) did not appear nor did counsel appear on his behalf.(fn1) The Court now issues the following "Decision and Order Imposing Sanctions Pursuant to C.R.C.P. 251.19(c)."
Disbarment is generally appropriate when a lawyer knowingly converts property belonging to a client and causes injury or potential injury. Respondent deceived a client into investing in a start-up business and then used the funds for personal purposes. He also engaged in additional misconduct related to a personal loan from the same client. Respondent failed to answer the complaint or otherwise participate in these proceedings. What is the appropriate sanction for his misconduct?
The People filed a complaint on June 23, 2009. Respondent failed to answer the complaint and the Court granted a motion for default on September 22, 2009. Upon the entry of default, the Court deems all facts set forth in the complaint admitted...
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