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TCL > July 2010 Issue > Disciplinary Case Summaries

July 2010       Vol. 39, No. 7       Page  155
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. 10PDJ051. People v. Januzzi. 05/19/2010. Attorney Suspended Ninety Days.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Kristopher Januzzi, attorney registration number 40419, from the practice of law for ninety days, with the requirement of respondent successfully completing reinstatement proceedings pursuant to C.R.C.P. 251.29(c) through (e). The suspension was effective May 19, 2010.

In October 2009, the People learned from the Pennsylvania Office of Attorney Discipline that respondent had been convicted of driving while ability impaired in Larimer County Court on March 2, 2009. Respondent failed to timely report this conviction to the People (within the requisite ten days).

Respondent subsequently disclosed his failure to timely report a December 1, 2008 guilty plea to a public disturbance charge in Denver County Court. In that case, respondent failed to complete the conditions of his deferred judgment and sentence, and the court issued a warrant for his arrest. That warrant remains outstanding. Respondent’s misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 3.4(c) and 8.4(b) and (d), and C.R.C.P. 251.5(b) and (c).

No. 10PDJ045. People v. Powell. 05/13/2010. Attorney Suspended Thirty Days—All Stayed Pending Completion of Two-Year Probation.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Daniel P. Powell, attorney registration number 13420, from the practice of law for thirty days. The suspension was stayed pending the successful completion of a two-year period of probation with conditions. The sanction was effective May 13, 2010.

Respondent negligently failed to comply with trust account rules and knowingly charged an unreasonable fee to his client who served as personal representative of an estate. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.15(a), (h), and (j), and 1.5(a).

No. 10PDJ027. People v. Rozan. 04/22/2010. Attorney Suspended Two Years.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Steven Jay Rozan, attorney registration number 10381, from the practice of law for two years. The suspension was effective April 22, 2010.

Respondent was suspended from the practice of law in the state of Texas for five years, with three years stayed, after he violated ethical rules regarding his representation of eleven clients in their criminal matters. He also failed to notify the People of his misconduct within ten days. His misconduct constituted grounds for the imposition of reciprocal discipline pursuant to C.R.C.P. 251.21(a), and violated Colo. RPC 1.3, 1.4, 1.16(d), and 3.4(c).

No. 09PDJ077. People v. Sladek. 04/22/2010. Attorney Suspended Eighteen Months.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Dennis James Sladek, attorney registration number 17303, from the practice of law for eighteen months. The suspension was effective May 24, 2010.

In one matter, respondent settled his own claim for fees against a former client as he negotiated his current client’s debt to the former client, paying himself from funds set aside to pay medical claims owed to the former client, and using confidential information from the representation to compromise the debt. In two other matters, he failed to maintain contemporaneous time or billing records. In one of the matters, he failed to place client funds into a trust account until he earned them. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.7(b), 1.9(c)(1) and (c)(2), and 1.15(a), (b), and (c).

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