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TCL > February 2011 Issue > Disciplinary Case Summaries

The Colorado Lawyer
February 2011
Vol. 40, No. 2 [Page  91]

© 2011 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, pdj.htm, and on LexisNexis.®


Summary of Decision Issued by the PDJ

No. 10PDJ024. People v. Rogers. 10/13/2010. Attorney Disbarred.

Following a sanctions hearing, the PDJ disbarred Duane G. Rogers, attorney registration number 26237, from the practice of law. Disbarment was effective November 13, 2010.

Respondent sexually assaulted his minor stepdaughter, failed to appear for trial on those charges, and continues to elude law enforcement authorities. He also failed to present mitigating evidence or otherwise participate in these proceedings. His misconduct admitted by default constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 3.4(c), 8.1(b), and 8.4(b) and (d).

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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. 10PDJ106. People v. Kim. 11/29/2010. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Thai Soo Kim, attorney registration number 36086, from the practice of law for one year and one day, with restitution payable within sixty days. The suspension was effective November 29, 2010.

Respondent received $8,500 from his clients to hold in trust, and then recklessly withdrew $4,000 of these funds without authority from his clients. He also knowingly and repeatedly misrepresented the status of these funds in a pending civil action. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 3.3(a)(1) and 1.15(a).

No. 10PDJ124. People v. Martin. 12/10/2010. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Ralph Martin, attorney registration number 20688, from the practice of law for three months, all stayed pending the successful completion of a two-year period of probation with conditions. The suspension was effective November 5, 2010.

On four occasions from September 2008 to April 2009, respondent permitted his staff to pay U.S. Patent and Trademark Office (USPTO) fees with electronic fund transfers from a frozen operating account at respondent’s former bank. The four dishonored electronic fund transfers totaled $1,944. The USPTO found that respondent had violated 37 C.F.R. § 10.23(b)(4) and (6) and suspended him on October 26, 2010 for twenty-four months, all stayed pending completion of a twenty-four-month period of probation with conditions.

Respondent’s misconduct constituted grounds for the imposition of reciprocal discipline pursuant to C.R.C.P. 251.21(a). The parties stipulated that respondent’s negligent misconduct warranted a substantially different form of discipline and agreed on the sanction set forth above.

No. 10PDJ075. People v. Murray. 11/22/2010. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended David F. Murray, attorney registration number 16575, from the practice of law for one year and one day. Six months and one day were stayed pending the successful completion of a three-year period of probation with conditions. The sanction was effective January 21, 2011.

On April 10, 2009, a jury found respondent guilty of a misdemeanor charge of unlawful sexual contact. Thereafter, he was sentenced to twenty-four months in Denver County Jail, with eligibility for work release on August 20, 2009. On September 1, 2009, respondent pleaded guilty to driving under the influence (DUI), his second DUI-related offense. 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. 10PDJ047 (consolidated with 10PDJ058). People v. Owen. 12/21/2010. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Patrick Owen, attorney registration number 03720, from the practice of law for one year and one day, with conditions of reinstatement. The suspension was effective December 21, 2010.

Respondent repeatedly failed to diligently represent his clients, leading to delay and harm to their cases. In each case, respondent accepted funds from his clients and failed to perform the work required of him. He also violated his duty of candor to the court in one instance. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.1; 1.3; 1.4(a)(3) and (4); 1.5(b); 1.15(a), (b), and (c); 1.16(a) and (d); 3.3(a)(1); and 8.4(c).

© 2011 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=2011.


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