Disciplinary Case Summaries, 0419 COBJ, Vol. 48, No. 4 Pg. 78

PositionVol. 48, 4 [Page 78]

48 Colo.Law. 78

Disciplinary Case Summaries

Vol. 48, No. 4 [Page 78]

Colorado Lawyer

April, 2019

OFFICE OF THE PRESIDING DISCIPLINARY JUDGE

No. 19PDJ010. People v. Balman. 02/12/2019. The Presiding Disciplinary Judge approved the parties' conditional admission of misconduct and suspended Lee Travis Balman (attorney registration number 41279) for one year and one day, all stayed upon successful completion of a one-year period of probation, effective February 12,2019. The probationary requirements include completing an ethics course and complying with all terms of his criminal deferred judgment and sentence.

In October 2018, Balman pleaded guilty to two drug charges in Denver District Court. The first count was felony possession with intent to manufacture or distribute marijuana or marijuana concentrate, CRS § 18-18-406(2)(B) (I),(III)(B). The second count was misdemeanor possession with intent to manufacture or dis-tribute marijuana or marijuana concentrate, CRS § 18-18-406(2)(B)(i),(III)(E). He received a two-year deferred judgment and sentence, with payment of fines and costs, which took effect October 1, 2018. He was never confined or imprisoned. According to the parties' stipulation, the evidence indicates that Balman was growing marijuana for his personal medical use and there is no evidence he sold, distributed, or attempted to distribute marijuana. The numerous mitigating factors present in this case include that Balman was immediately suspended from the practice of law in December 2018 based on his felony conviction.

Through his conduct, Balman violated Colo. RPC 8.4(b) (a lawyer shall not commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects). The case file is public per C.R.C.P. 251.31.

No. 18PDJ019, consolidated with No. 18PDI070. People v. Evans. 2/15/2019.

The Presiding Disciplinary Judge approved the parties' conditional admission of misconduct and suspended Michael Donivan Evans (attorney registration number 39407) for two years. The sanction took into account significant mitigating factors, including Evans's personal and emotional problems. The suspension took effect February 15, 2019. To be reinstated, Evans will bear the burden of proving by clear and convincing evidence that he has been rehabilitated, has complied with disciplinary orders and rules, and is fit to practice law.

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