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TCL > January 2010 Issue > Disciplinary Case Summaries

The Colorado Lawyer
January 2010
Vol. 39, No. 1 [Page  127]

© 2010 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved.

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From the Courts
Colorado Disciplinary Cases

Disciplinary Case Summaries

The 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, when published by the PDJ, follows the summaries page(s). The summaries and full-text Opinions also are accessible from the CBA website: www.cobar.org (click on "Opinions/Rules/Statutes"). Opinions, including exhibits, complaints, amended complaints, and summaries, also are available at the PDJ website, www.coloradosupremecourt.com/PDJ/pdj.htm, and on LexisNexis.®


Summaries of Decisions Regarding
Conditional Admission of Misconduct Issued by the PDJ

The PDJ’s approval of a Conditional Admission 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; www.coloradosupremecourt.com/PDJ/pdj.htm. They also are available on LexisNexis.®

No. 09PDJ089. People v. Bauer. 10/27/2009. Attorney Suspension Stayed Pending Three-Year Probation With Conditions.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Scott Bauer, attorney registration number 13996, from the practice of law for ninety days. The suspension was stayed pending successful completion of a three-year period of probation with conditions. The sanction was effective October 27, 2009.

On October 10, 2008, respondent pled guilty to driving while ability impaired following a traffic stop on July 6, 2008. On April 9, 2009, respondent pled guilty to third-degree assault following an incident in the family home on December 12, 2008. Respondent reported both convictions to the Office of Attorney Regulation Counsel and has been cooperative in these proceedings and in his criminal proceedings. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 8.4(b).

No. 09PDJ030 (consolidated with No. 09PDJ045). People v. Boeck. 11/13//2009. Attorney Suspended One Year and One Day—Six Months and One Day Stayed Pending Completion of Two-Year Probation.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Angela Susanne Boeck, attorney registration number 32374, from the practice of law for one year and one day. All but six months and one day of the suspension were stayed pending successful completion of a two-year period of probation with conditions. The suspension was effective December 14, 2009.

Respondent knowingly neglected and failed to adequately communicate with two clients, resulting in financial harm to both of them. She also recklessly handled their funds. Respondent was experiencing certain personal problems at the time of these events. Nevertheless, her misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.3; 1.4(a) and (b); 1.5(b); 1.15(a), (b), and (c); and 1.16(d).

No. 09PDJ072. People v. Comcowich. 10/27/2009. Attorney Suspended Eighteen Months.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Thomas L. Comcowich, attorney registration number 33491, from the practice of law for eighteen months. The suspension was effective October 27, 2009.

Respondent agreed to supervise several paralegal companies in their preparation of bankruptcy petitions. He met with the clients, reviewed draft petitions, and appeared with the clients at their § 341 bankruptcy hearings. Respondent thereafter recklessly failed to diligently represent and/or adequately communicate with several of his bankruptcy clients, recklessly failed to hold their funds separate from his own, and recklessly failed to adequately supervise the paralegal companies. He also recklessly assisted others in the unauthorized practice of law. Respondent’s misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.3; 1.4(a) and (b); 1.15(a); 5.3(b); and 5.5(a)(3).

No. 09PDJ090. People v. Marrs. 10/27/2009. Attorney Suspended One Year and One Day—Eight Months and One Day Stayed Pending Completion of Three-Year Probation.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Emily Anne Marrs, attorney registration number 31995, from the practice of law for one year and one day. All but four months of the suspension were stayed pending successful completion of a three-year period of probation with conditions. The suspension was effective October 27, 2009.

On February 16, 2009, respondent knowingly submitted a fraudulent prescription to a pharmacy for ninety pills of Percocet. Investigation by the police revealed that respondent had created fraudulent prescriptions on her home computer and had submitted them to obtain Oxycodone, Hydrocodone, and Diazepam on several occasions since July 2007. On June 18, 2009, respondent pled guilty to one count of obtaining a controlled substance by fraud or deceit, a class 5 felony, in violation of CRS § 18-18-415(1)(a). She received a deferred judgment and sentence, and prosecutors dismissed four additional felony charges. Her misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 8.4(b) and C.R.C.P. 251.5(b).

No. 09PDJ097. People v. McKinney. 11/13/2009. Attorney Suspension Stayed Pending Three-Year Probation With Conditions.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Nathan D. McKinney, attorney registration number 29402, from the practice of law for ninety days with the requirement of reinstatement proceedings pursuant to C.R.C.P. 251.29(c)–(e). The suspension was stayed pending successful completion of a three-year period of probation with conditions. The sanction was effective November 13, 2009.

On August 20, 2009, respondent received a twelve-month deferred sentence after pleading guilty to driving while ability impaired following an arrest in April 2008. The same day, respondent received a twenty-four-month probation sentence after pleading guilty to driving under the influence following an arrest in October 2008. These are respondent’s third and fourth drinking-and-driving convictions. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 8.4(b).

No. 09PDJ007. People v. Pignatelli. 11/13/2009. Attorney Disbarred.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and disbarred Francis M. Pignatelli, attorney registration number 38759, from the practice of law. Disbarment was effective November 13, 2009.

The Colorado Supreme Court immediately suspended respondent on February 19, 2009. Respondent knowingly provided false information on his application for admission to the Colorado Bar when he denied he was the subject of any criminal investigation and provided no information concerning his prior criminal activities. In addition, on September 26, 2009, respondent pled guilty to conspiracy to money-launder the proceeds of methamphetamine and MDMA (ecstasy) sales and distribution in violation of 18 U.S.C. § 1956(h). His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 8.1(a) and (b), and 8.4(b).

No. 09PDJ032. People v. Roberts. 10/27/2009. Attorney Suspended One Year and One Day.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Ronald Lawrence Roberts, attorney registration number 21459, from the practice of law for one year and one day. The suspension was effective October 27, 2009.

Respondent knowingly failed to act with reasonable diligence in several client matters, knowingly failed to communicate with his clients, knowingly failed to withdraw from client matters, and knowingly violated court orders. His failure to act with reasonable diligence led to a significant default judgment against a client and the dismissal of another lawsuit. Respondent’s misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.3, 1.4, 1.16(a), and 3.4(c).

No. 09PDJ021. People v. Wilderson. 10/21/2009. Attorney Publicly Censured.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and publicly censured Rufus O. Wilderson, attorney registration number 14361. The sanction was effective October 21, 2009.

On July 9, 2008, respondent entered a plea of guilty to harassment, in violation of CRS § 18-9-111(1)(a), a class 3 misdemeanor, following an incident involving his wife on July 6, 2007. He thereafter failed to report his conviction to the Office of Attorney Regulation Counsel. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 8.4(b) and C.R.C.P. 251.5(b).

© 2010 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=2010.


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