Vol. 35, No. 9
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
People v. Doyle, No. 05PDJ034, 06/06/2006. Attorney Disbarred.
Following a sanctions hearing, the Presiding Disciplinary Judge disbarred respondent David William Doyle, attorney registration number 13885, from the practice of law. Disbarment was effective July 7, 2006.
Respondent previously had been suspended, effective May 20, 2005, based on his conviction of two class 5 felonies related to controlled substances. The facts admitted through the entry of default showed respondent also engaged in abandonment, forgery, deceit, knowing conversion of client funds, and several other serious acts of misconduct involving several clients. Respondent also failed to participate or present any mitigating evidence in these proceedings. The admitted facts proved multiple violations of Colo. RPC 1.3; Colo. RPC 1.4(a); Colo. RPC 1.4(b); Colo. RPC 1.16(d); Colo. RPC 3.4(c); Colo. RPC 8.4(b); Colo. RPC 8.4(c); and Colo. RPC 8.4(d). Accordingly, the Presiding Disciplinary Judge found no adequate basis to depart from the presumptive sanction of disbarment.
Summaries of Decisions Regarding Conditional Admission 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, 1560 Broadway, Denver, CO 80202; (303) 866-6658; http://www.coloradosupremecourt.com/PJD/pdj.htm.
People v. Dodd, No. 06PDJ045, 06/21/2006. Attorney Suspended for Sixty Days.
The Presiding Disciplinary Judge approved a Conditional Admission of Misconduct submitted by the parties and suspended respondent James Anderson Dodd, attorney registration number 09029, from the practice of law for a period of sixty-days. Suspension was effective July 1, 2006.
Respondent represented a client in a parenting-time and child support case beginning on September 23, 2002. The representation continued until respondent withdrew from the matter on November 16, 2004. Prior to his withdrawal from the case, respondent engaged in a sexual relationship with his client. Respondent’s misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5 and violated Colo. RPC 1.7(b) and 8.4(h).
People v. Fattor, No. 06PDJ057, 07/21/2006. Attorney Suspended for Thirty Days.
The Presiding Disciplinary Judge approved a Conditional Admission of Misconduct submitted by the parties and suspended respondent James C. Fattor, attorney registration number 02023, from the practice of law for a period of thirty days. Suspension was effective August 21, 2006.
Respondent failed to file his 2005 attorney registration fee and failed to cure this deficiency despite receiving notice. The Colorado Supreme Court suspended respondent on August 19, 2005. However, he continued to practice law, principally through pro bono cases. Respondent eventually paid his previously unpaid attorney registration fee balance in the spring of 2006, and the Colorado Supreme Court reinstated him on April 28, 2006. Respondent’s misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5 and violated Colo. RPC 5.5(a).
People v. Fenili, No. 06PDJ056, 07/21/2006. Public Censure.
The Presiding Disciplinary Judge approved a Conditional Admission of Misconduct submitted by the parties and publicly censured respondent Mary Louise Fenili, attorney registration number 17432. Public censure is dated July 21, 2006.
Respondent worked for the University of Colorado at Denver for eighteen years and has not actively engaged in the practice of law since June 1982. She served as an Assistant Vice-Chancellor with the university in the Academic and Student Affairs Department. An audit completed by the university concluded that respondent and her boss manipulated payment systems so as to pay a retiring employee additional funds. Respondent had no personal relationship with the employee and did not personally benefit from her misconduct.
On March 13, 2006, respondent pled guilty to a class 2 misdemeanor, first-degree official misconduct (CRS § 18-8-404). In return for her guilty plea, the district attorney dismissed embezzlement and conspiracy felony charges. Respondent’s misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5 and violated Colo. RPC 8.4(b).
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