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TCL > October 2007 Issue > Disciplinary Case Summaries

October 2007       Vol. 36, No. 10       Page  157
From the Courts
Colorado Disciplinary Cases

Disciplinary Case Summaries

These summaries of disciplinary case Opinions and 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 page(s). 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 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.

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Summaries of Decisions Issued by the PDJ

No. 06PDJ085. People v. Donaldson. 06/29/2007. Attorney Suspended Three Months.

Following a sanctions hearing, a hearing board suspended James F. Donaldson, attorney registration number 08951, from the practice of law for a period of three months. Suspension was effective July 30, 2007.

Respondent filed a petition for reinstatement to the practice of law following his administrative suspension for failing to satisfy CLE requirements. The Colorado Supreme Court clerk advised respondent that his petition would not be acted on until he paid his attorney registration fees. Respondent thereafter represented a client before paying his attorney registration fees. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5 and violated Colo. RPC 5.5(a). p.159.

No. 06PDJ086. People v. Eamick. 06/21/2007. Public Censure.

Following a hearing, a hearing board publicly censured Dennis L. Eamick, attorney registration number 34259, and ordered him to pay restitution. The sanction was effective July 22, 2007.

Respondent ordered a deposition transcript on behalf of his client and later refused to pay the court reporter for it, citing Colo. RPC 1.8(e). His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5 and violated Colo. RPC 8.4(d) and (h). p.160.

No. 06PDJ096. People v. Lefly. 08/02/2007. Attorney Readmitted to the Practice of Law.

Following a readmission hearing, a hearing board readmitted Thomas Richard Lefly, attorney registration number 38821, to the practice of law. The PDJ administered the Oath of Admission to petitioner on August 21, 2007.

The Colorado Supreme Court disbarred petitioner on August 28, 1995, effective September 28, 2005. Petitioner’s underlying disciplinary history involved mismanagement of trust accounts during the 1980s and early 1990s. He also had a history of severe mental and emotional difficulties.

The hearing board found clear and convincing evidence that petitioner had complied with all applicable disciplinary orders, had provided sufficient evidence demonstrating his fitness to practice law, and had proved that he is rehabilitated. The Office of Attorney Regulation Counsel stipulated to his readmission at the close of the evidence. The hearing board also implemented certain conditions of readmission to facilitate petitioner’s successful return to the practice of law. p.163.

No. 06PDJ010. People v. Miranda. 07/10/2007. Attorney Suspended Two Years.

Following a sanctions hearing, a hearing board suspended Michael Thomas Miranda, attorney registration number 24702, from the practice of law for a period of two years. Suspension was effective August 10, 2007. Respondent has been immediately suspended since April 14, 2006.

On September 4, 2004, respondent collided with a motorcyclist while operating a motor vehicle under the influence of alcohol. The motorcyclist later died from his injuries. On September 25, 2005, respondent pled guilty to vehicular homicide (DUI), a class 3 felony, in violation of CRS § 18-3-106(1)(b)(I). On December 2, 2005, a district court judge sentenced him to eight years in the Department of Corrections, plus five years’ mandatory parole.

Respondent’s misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5. His misconduct also violated C.R.C.P. 251.5(b) and Colo. RPC 8.4(b). p.167.

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Summary of Decisions Regarding
Conditional Admissions 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. 06PDJ029. People v. Brassell. 08/02/2007. Attorney Suspended Eighteen Months.The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Ryan R. Brassell, attorney registration number 35194, from the practice of law for a period of eighteen months. Suspension was effective August 2, 2007.

On January 26, 2006, respondent pled guilty to possession of a controlled substance, a class 4 felony, in violation of CRS § 18-18-405(1). On November 22, 2006, he pled guilty to distribution of a schedule II controlled substance, a class 3 felony, in violation of CRS § 18-18-405(1)(a)(I)(A). Respondent’s misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5. His misconduct also violated C.R.C.P. 251.5(b) and Colo. RPC 8.4(b).

© 2007 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=2007.


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