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TCL > January 2004 Issue > Summaries of Disciplinary Opinions

January 2004       Vol. 33, No. 1       Page  123
From the Courts
Colorado Disciplinary Cases

Summaries of Disciplinary Opinions

The summaries for the Presiding Disciplinary Judge and Hearing Board are prepared by the Office of the Presiding Disciplinary Judge. The summaries of the decisions of the Presiding Disciplinary Judge are provided as a service by the Colorado Bar Association and are not the official language of the Decisions. The Colorado Bar Association cannot guarantee the accuracy or completeness of the summaries.

Full copies of the Decisions generally follow the summaries pages. The summaries and full-text Decisions also are accessible from the CBA website: http://www.cobar.org (click on The Colorado Lawyer tab, then the appropriate issue). Decisions, including Exhibits, Complaints, and Amended Complaints and summaries, also are available at the Office of Presiding Disciplinary Judge website: http://www.coloradosupremecourt.com/PDJ/pdj.htm, as well as on LexisNexis® at http://www.lexis.com/research, by clicking on States Legal-U.S./Colorado/Cases/CO Supreme Court Disciplinary Opinions from 1999.


Summaries of Decisions Issued by the Presiding Disciplinary Judge
(Through November 14, 2003)

People v. Dunsmoor, No. 03PDJ024, 10/24/03. Attorney Disbarred. The Hearing Board disbarred Respondent John S. Dunsmoor, attorney registration number 11247, from the practice of law in the state of Colorado. In May 2002, Dunsmoor was charged in a one-count criminal information in the U.S. District Court for the Northern District of Indiana, pursuant to 18 U.S.C. § 664 (1994), for embezzling funds of employee pension and welfare benefit plans. Also in May 2002, Dunsmoor was charged in a one-count information filed in the U.S. District Court for the District of Colorado, pursuant to 18 U.S.C. § 1957 (1994), for money laundering. In June 2002, Dunsmoor pled guilty to both of the above charges. Respondent’s conduct violated Colo. RPC 8.4(b), constituting grounds for discipline, pursuant to C.R.C.P. 251.5. Disbarment is effective immediately as of the date of the Order. Respondent is ordered to pay the costs of the disciplinary proceedings. p.125.

Elinoff v. People, No. 03PDJ048, 11/14/03. Attorney Reinstated. The Hearing Board reinstated Kallman S. Elinoff, attorney registration number 18677, to the practice of law in the state of Colorado. Reinstatement is effective immediately. Respondent is ordered to pay cost of the reinstatement proceeding. p.127.

 

Summaries of Decisions Regarding Conditional Admissions of Misconduct Issued by the Presiding Disciplinary Judge
(Through November 19, 2003)

[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. Humphrey, No. 03PDJ086, 11/19/03. Attorney Suspended.
The Presiding Disciplinary Judge approved the party’s Conditional Admission of Misconduct and suspended Respondent Donald J. Humphrey, attorney registration number 01967, from the practice of law for a period of three years. Respondent was convicted of two instances of Driving Under the Influence (“DUI”) in Colorado and did not report his convictions to the disciplinary authorities. His driver’s license was revoked because he had two alcohol convictions, and was later reinstated. Respondent was arrested for a third DUI. Respondent acquired a driver’s license in the state of Wyoming under the name of Humphrey, then legally changed his name, realizing that his license could be revoked as a habitual offender, and obtained another driver’s license under his new name in Florida, stating that his license had never been revoked in any other state, when it had previously been revoked in Colorado. He also stated that he was not addicted to drugs or intoxicants, when in fact he was addicted to alcohol. His license was revoked a second time in Colorado. He then obtained another Colorado driver’s license under his new name, stating that his license was not under suspension revocation or denial in Colorado or any other state, when he knew the statement was false. He received two more DUI’s in Colorado and did not report the conviction to the disciplinary authorities. He was convicted of forgery, a fifth-degree felony, and DUI, his second offense in five years. The forgery conviction arose from his ownership of two separate driver’s licenses. He reported his convictions to the disciplinary authorities and was immediately suspended from the practice of law. Respondent’s conduct violated Colo. RPC 3.4(c), Colo. RPC 8.4(b), and Colo. RPC 8.4(c). Respondent was ordered to pay the costs of the disciplinary proceedings.

People v. Sanchez, No. 03PDJ081, 10/23/03. Attorney Suspended.
The Presiding Disciplinary Judge approved the party’s Conditional Admission of Misconduct and suspended Respondent Joyce K. Sanchez, attorney registration number 11139, from the practice of law in the state of Colorado for a period of one year and one day, with all but sixty days stayed, followed by a two-year period of probation subject to conditions. Respondent is a sole practitioner. The Office of Attorney Regulation Counsel received notification from respondent’s bank that she had written two insufficient fund checks on her law firm trust account. Respondent engaged in negligent conversion of client funds, in violation of Colo. RPC 1.15(a), constituting grounds for discipline pursuant to C.R.C.P. 251.5. Respondent was ordered to pay the costs of the disciplinary proceedings.

© 2004 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved. Material from The Colorado Lawyer provided via this World Wide Web server is protected by the copyright laws of the United States and may not be reproduced in any way or medium without permission. This material also is subject to the disclaimers at http://www.cobar.org/tcl/disclaimer.cfm?year=2004.


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