|The Colorado Lawyer|
Vol. 32, No. 8 [Page 115]
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From the Courts
Colorado Disciplinary Cases
Summaries of Opinions
Summaries of opinions appear on a space-available basis. The summaries for the Presiding Disciplinary Judge and hearing board are prepared by the Office of the Presiding Disciplinary Judge. The summaries of the Opinions of the Presiding Disciplinary Judge are provided as a service by the Colorado Bar Association and are not the official language of the Opinion. The Colorado Bar Association cannot guarantee the accuracy or completeness of the summaries.
Unless otherwise noted, full copies of the Opinions follow the summaries pages. The summaries and full-text Opinions are also available on the CBA home page at http://www.cobar.org/tcl/index.htm (see page 116 for details), as well as on Lexis NexisTM at http://www.lexis.com/research, by clicking on States Legal U.S./Colorado/Cases and Court Rules/By Court/Colorado Supreme Court Disciplinary Opinions.
Summaries of Decisions Issued by the Presiding Disciplinary Judge
People v. Hill, No. 03PDJ001, 06/11/03. Attorney Suspension Stayed During Two-Year Probation.
Following a trial in this proceeding, the Hearing Board suspended Respondent Lawrence R. Hill, attorney registration number 17447, for a period of six months, all stayed pending a two-year period of probation with conditions. Respondent pled guilty to a charge of third-degree assault, in violation of CRS § 18-3-204, arising from an incident of family violence involving his stepson that occurred on or about October 13, 2001. Respondent’s conduct violated Colo. RPC 8.4(b), constituting grounds for discipline, pursuant to C.R.C.P. 251.5(b). Respondent was ordered to pay the costs of the disciplinary proceeding. p.117.
Summaries of Decisions Regarding Conditional Admissions of Misconduct Issued by the Presiding Disciplinary Judge
[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 LexisNexisTM at http://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. Martinez, No. 03PDJ040, 06/19/03. Attorney Publicly Censored.
The Presiding Disciplinary Judge approved the party’s Conditional Admission of Misconduct and publicly censored Respondent Anthony L. Martinez, attorney registration number 14661. In one matter, respondent was ordered to submit a proposed order to the court, but the order he submitted and which the court entered and later vacated, was materially different than the terms of the court’s oral order. Respondent failed to submit the order to opposing counsel prior to submitting it to the court. In the same matter, respondent authorized his assistant to send a letter to opposing party’s bank that materially broadened the scope of a release signed by the opposing party. Respondent’s conduct violated Colo. RPC 3.4(c), by knowingly failing to comply with an obligation under the rules of a tribunal, and Colo. RPC 4.1(a), knowingly making a false or misleading statement of fact or law to a third person. To the extent respondent’s actions were executed by his legal assistant, respondent violated Colo. RPC 8.4(a), by violating or attempting to violate the Rules of Professional Conduct through the act of another. In a second matter, the court ordered respondent to reset a matter for hearing by a date certain and requested that respondent provide additional information to the court concerning his client. Respondent failed to provide any additional information to the court and failed to reset the hearing, in violation of Colo. RPC 1.3. Respondent was ordered to pay costs of the proceeding.
People v. Weston, No. 02PDJ086, 06/19/03. Attorney Suspended for Three Years.
The Presiding Disciplinary Judge approved the party’s Conditional Admission of Misconduct and suspended Respondent Eric B. Weston, attorney registration number 26296, from the practice of law for a period of three years. Respondent was found guilty of attempted lewd act on a minor under the age of 14 in the state of California, constituting grounds for discipline pursuant to C.R.C.P. 251.5(b) and Colo. RPC 8.4(b). Respondent was ordered to pay costs of the proceeding.
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