Vol. 36, No. 4
From the Courts
Colorado Disciplinary Cases
Disciplinary Case Summaries
These disciplinary case summaries and summaries of Conditional Admissions of Misconduct are prepared by the Office of the Presiding Disciplinary Judge (PDJ) and are provided as a service by the Colorado Bar Association (CBA). The CBA cannot guarantee the accuracy or completeness of the summaries.
The full text of the disciplinary Opinions follows the summaries pages. The summaries and full-text Opinions also are accessible from the CBA website: http://www.cobar.org (click on The Colorado Lawyer tab, then the appropriate issue). Opinions, including exhibits, complaints, amended complaints, and summaries, also are available at the Office of the PDJ 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.
Summary of Decision Issued by the Presiding Disciplinary Judge
No. 06PDJ036. People v. Chambers. 12/26/2006. Attorney Publicly Censured.
Following a hearing pursuant to C.R.C.P. 251.18, a Hearing Board publicly censured Carol A. Chambers, attorney registration number 14984. Public censure is dated December 26, 2006.
Respondent, the elected District Attorney for the Eighteenth Judicial District, contacted an attorney who had brought a collection lawsuit against one of her constituents. Without sufficient deliberation, respondent told the attorney that she was looking at investigating him for engaging in coercive tactics.
The Hearing Board concluded that respondent effectively placed her finger on the scales of justice on behalf of one party to a civil case and therefore engaged in conduct prejudicial to the administration of justice. Her misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5 and violated Colo. RPC 8.4(d). The Hearing Board also dismissed three additional counts contained in the complaint. p.113.
Summary of Decision Regarding Conditional Admission of Misconduct
Issued by the Presiding Disciplinary Judge
The PDJ’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, Ste. 675, Denver, CO 80202; (303) 866-6658; http://www.coloradosupremecourt.com/PDJ/pdj.htm. They also are available on LexisNexis® 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.
No. 06PDJ084. People v. Lowry. 01/29/2007. Attorney Suspended.
The Presiding Disciplinary Judge approved a Conditional Admission of Misconduct submitted by the parties and suspended Walter David Lowry, attorney registration number 20895, from the practice of law for a period of six months, with the requirement of reinstatement proceedings pursuant to C.R.C.P. 251.29(c) to (e). Suspension was effective January 29, 2007.
On June 6, 2006, respondent met with an undercover police officer and purchased imitation methamphetamine for $100. Pursuant to the search incident to respondent’s arrest, the police searched his vehicle and found crack cocaine, a crack pipe, and a methamphetamine pipe. On August 30, 2006, respondent pled guilty to possession of a controlled substance—schedule II—more than one gram, which is a class 4 felony (CRS § 18-18-405(1) and (2)(a)(I)(A)).
Respondent received a deferred sentence of two years with fines and costs totaling $1,547.50. 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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