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TCL > June 2004 Issue > Summaries of Disciplinary Opinions

June 2004       Vol. 33, No. 6       Page  127
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 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 144 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 Regarding Conditional Admissions of Misconduct

Issued by the Presiding Disciplinary Judge

(Through April 15, 2004)

[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. Barber, No. 03PDJ079, 4/15/04. Attorney Suspended.

The Presiding Disciplinary Judge approved the parties’ Conditional Admission of Misconduct in this reciprocal discipline action from the state of Connecticut, and suspended respondent Jerald S. Barber, attorney registration number 21307, from the practice of law in the state of Colorado, effective May 7, 2004, for a period of three months. Respondent agreed to a three-month suspension in Connecticut for violation of Conn. RPC 8.4(4) (conduct prejudicial to the administration of justice), based on a final adjudication of respondent’s conduct that constituted grounds for discipline in another jurisdiction. Respondent was ordered to pay the costs incurred in this proceeding.

People v. Kindsfather, No. 04PDJ008, 4/2/04. Attorney Suspended.

The Presiding Disciplinary Judge approved the parties’ Conditional Admission of Misconduct and suspended respondent Conrad R. Kindsfather, attorney registration number 16057, for a period of two years, effective May 3, 2004, one year of which is to be stayed upon successful completion of a one-year probation period. Respondent was found to have violated a court rule by failing to disclose to the bankruptcy courts liens executed in respondent’s favor by his clients, many of which respondent had recorded against his clients’ property. In some instances, respondent knowingly induced his bankruptcy clients to waive their homestead exemptions and, on some occasions, respondent redeemed his clients’ property. By taking an interest in property belonging to his clients that was subject to bankruptcy proceedings, respondent engaged in a conflict of interest and in other deceptive practices. This conduct violated Colo. RPC 1.7(b), 1.8(a) and (j), 3.3(a)(2), 3.4(c), and 8.4(c) and (d), providing grounds for discipline pursuant to C.R.C.P 251.5. Respondent was ordered to pay costs in connection with this proceeding and comply with other conditions.

People v. Patchen, No. 04PDJ012, 4/15/04. Attorney Suspended.

The Presiding Disciplinary Judge approved the parties’ Conditional Admission of Misconduct and suspended respondent Richard G. Patchen, Jr., attorney registration number 18944, from the practice of law in the state of Colorado, effective May 16, 2004, for a period of six months, three months of which are stayed upon successful completion of a two-year period of probation. Respondent was involved in two incidents of domestic violence. Both incidents resulted in respondent’s guilty pleas: on the first incident for disturbing the peace; and on the second for domestic assault. Respondent complied with all requirements in the first case and is in compliance in the second case. However, respondent did not report the second incident in a timely fashion, as required by C.R.C.P. 251.20(b). Respondent’s conduct on two separate occasions constituted a violation of Colo. RPC 8.4(b), with grounds for discipline under C.R.C.P. 251.5(b). Respondent’s failure to report his second conviction within ten days as required by C.R.C.P. 251.20(b) constituted a violation of Colo. RPC 3.4(c). Respondent was ordered to pay the costs incurred in this proceeding and comply with other conditions.

 

People v. Randal, No. 03PDJ062, 3/10/04. Attorney Disbarred.

The Presiding Disciplinary Judge approved the parties’ Conditional Admission of Misconduct and disbarred respondent Raymond L. Randall, attorney registration number 04726, from the practice of law in the state of Colorado, effective April 10, 2004. Respondent pled guilty in El Paso County District Court to second-degree murder, constituting a violation of Colo. RPC 8.4(b) and grounds for discipline pursuant to C.R.C.P. 251.5(b). Respondent was ordered to pay the costs of the disciplinary proceeding.

People v. Rodway, No. 04PDJ011, 3/16/04. Attorney Publicly Censured.

The Presiding Disciplinary Judge approved the parties’ Conditional Admission of Misconduct and administered a public censure to respondent Peter E. Rodway, attorney registration number 17029, in this reciprocal discipline action from the state of Maine. Respondent received a public censure in Maine for agreeing to represent a client by defending a claim in small claims court; however, he failed to file an entry of appearance. There was confusion between the client and respondent as to his receiving notice of the hearing. Due to a communication failure, respondent failed to appear on the client’s behalf and default entered against the client. The client informed respondent of the default, and respondent informed the client that he would file a motion to vacate, which he failed to do. Respondent’s neglect of the client’s legal matter constitutes a violation of Colo. RPC 1.3. Respondent was ordered to pay costs of the reciprocal discipline proceeding.

People v. Schroeder, No. 04PDJ027, 4/15/04. Attorney Suspended.

The Presiding Disciplinary Judge approved the parties’ Conditional Admission of Misconduct and suspended respondent Richard O. Schroeder, attorney registration number 27616, from the practice of law in the state of Colorado, effective May 16, 2004, for a period of thirty days, all stayed upon successful completion of a one-year probation period. Respondent was involved in a domestic incident and received a deferred judgment based on a harassment plea. Respondent complied with all requirements in the case. Respondent’s conduct constituted a violation of Colo. RPC 8.4(b), with grounds for discipline under C.R.C.P. 251.5(b). Respondent was ordered to pay the costs incurred in this proceeding and comply with other conditions.

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