Vol. 31, No. 2
From the Courts
Colorado Disciplinary Cases
Summaries of Opinions
Summaries of Decisions Issued by the Presiding Disciplinary Judge
(Through December 10, 2001)
People v. Powell, No. 01PDJ049, 12/10/01. Attorney Regulation.
The Presiding Disciplinary Judge and Hearing Board suspended Respondent Evan S. Powell, for one year and one day in this default proceeding. In three separate matters, Powell failed to act with reasonable diligence and promptness in representing clients, in violation of Colo. RPC 1.3. In one matter, the extent of Powell’s neglect rose to the level of abandonment. Powell failed to keep his clients reasonably informed about the status of their legal matters and failed to promptly comply with their reasonable requests for information, in violation of Colo. RPC 1.4(a). Additionally, Powell failed to return one client’s file, in violation of Colo. RPC 1.16(d). Powell failed to adhere to the mandatory requirements of updating the information provided to the Office of Attorney Registration as required by C.R.C.P. 227(A)(2)(b) and thereby violated Colo. RPC 3.4(c). Powell was ordered to pay the costs of the disciplinary proceeding. p.109.
Summaries of Decisions Regarding Conditional Admissions of Misconduct
Issued by the Presiding Disciplinary Judge
(Through December 19, 2001)
[The Presiding Disciplinary Judge’s approval of Conditional Admissions of Misconduct does not result in a written opinion but only a brief order, which does not constitute precedent. Conditional Admissions of Misconduct are public record and are available for review at the Office of the Presiding Disciplinary Judge, 600 17th St., Suite 510-South, Denver, CO 80202; (303) 825-2797. They are also available on Lexis-Nexis® at www.lexis.com/research by clicking on States Legal U.S./Colorado/Cases and Court Rules/By Court/Colorado Supreme Court Disciplinary Opinions.]
People v. Cooper, No. 01PDJ096, 12/17/01. Attorney Regulation.
The Presiding Disciplinary Judge approved the parties’ Conditional Admission of Misconduct and suspended Respondent Sonya R. Cooper from the practice of law for a period of one year and one day. Respondent violated Colo. RPC 8.4(b), constituting grounds for discipline pursuant to C.R.C.P. 251.5(b), by driving while impaired by alcohol, possession of drug paraphernalia, possession of less than one quarter ounce of marijuana, and possession of less than one-half of one gram of cocaine. Respondent was ordered to pay the costs of the proceeding.
People v. Jaber, No. 01PD100, 12/07/01. Attorney Regulation.
The Presiding Disciplinary Judge approved the parties’ Conditional Admission of Misconduct and disbarred Respondent J. Daniel Jaber from the practice of law. Respondent violated Colo. RPC 3.4(c) by knowingly and willfully disobeying orders of the court during the period when respondent was on probation following a period of suspension. In doing so, respondent violated the conditions of his probation. Respondent was ordered to pay the costs of the disciplinary proceeding.
People v. Smith, No. 00PDJ081 (consolidated with 00PDJ071), 12/19/01. Attorney Regulation.
The Presiding Disciplinary Judge approved the parties’ Conditional Admission of Misconduct and suspended Respondent James D. "Kimo" Smith for a period of one year and one day, with all but sixty days of the suspension stayed during a two-year period of probation subject to conditions. Respondent was convicted of criminal mischief involving damage to a vehicle, and admitted his conduct constituted grounds for discipline pursuant to C.R.C.P. 251.5(b) and a violation of Colo. RPC 8.4(b). Respondent was ordered to pay the costs of the disciplinary proceeding.
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