Vol. 36, No. 9
From the Courts
Colorado Disciplinary Cases
Disclipinary Case Summaries
These summaries of disciplinary case Opinions 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. 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.
Summaries of Decisions Regarding
Conditional Admission of Misconduct Issued by the PDJ
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 PDJ, 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. 07PDJ040. People v. Black. 06/29/2007. Attorney Publicly Censured.
The PDJ approved a Conditional Admission of Misconduct submitted by the parties and publicly censured Thomas Victor Black, attorney registration number 22329. The sanction was effective June 29, 2007.
Respondent, the elected County Attorney in Pratt County, Kansas, implemented an informal diversion program for traffic offenders in early 1998. On April 27, 2007, the Supreme Court of Kansas publicly censured him for mishandling funds and failing to maintain proper records of the proceeds from this program, in violation of Kansas Rule of Professional Conduct 1.15(a). Respondent also failed to notify the Office of Attorney Regulation Counsel in Colorado of his public censure as required by C.R.C.P. 251.21(b).
His misconduct constituted grounds for the imposition of reciprocal discipline pursuant to C.R.C.P. 251.5 and C.R.C.P. 251.21(d). His misconduct violated Colo. RPC 1.15(a).
No. 07PDJ043. People v. Mauro. 07/18/2007. Attorney Suspended Six Months—Suspension Stayed—Two-Year Probation With Conditions.
The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Charles M. Mauro, attorney registration number 19381, from the practice of law for six months. The six-month suspension was ordered stayed based on the successful completion of a two-year probation with conditions. The sanction was effective July 18, 2007.
Respondent violated numerous provisions of Colo. RPC 1.15 relating to his negligent mishandling of client funds and failure to comply with proper trust account procedures. While there was a potential for injury due to respondent’s misuse of his trust account and client funds, there was no actual injury caused by his misconduct. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.15(a), (b), (e), (f)(1), and (g).
No. 07PDJ008. People v. Peak. 07/13/2007. Attorney Suspended One Year and One Day.
The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Theodore Blakely Peak, attorney registration number 29355, from the practice of law for one year and one day. The suspension was effective August 13, 2007.
Respondent neglected a client matter over a period of several years. On numerous occasions, he knowingly misrepresented the status of the matter to his client. During this time, respondent had been suffering from emotional problems. Respondent engaged in conduct constituting grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.3, Colo. RPC 1.4(a), and Colo. RPC 8.4(c).
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