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TCL > July 2000 Issue > Summaries of Opinions

The Colorado Lawyer
July 2000
Vol. 29, No. 7 [Page  145]

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From the Courts
Colorado Disciplinary Cases

Summaries of Opinions


Summaries of opinions appear on a space-available basis. The summaries for the Presiding Disciplinary Judge and hearing board are prepared by the Office of the Presiding Disciplinary Judge, and the summaries for the Appellate Discipline Commission are prepared by the Office of the Appellate Discipline Commission. The summaries of the opinions of the Presiding Disciplinary Judge and the Appellate Discipline Commission are provided as a service by the Colorado Bar Association and are not the official language of the Opinion. The Colorado Bar Association cannot guarantee the accuracy or completeness of the summaries.

Unless otherwise noted, full copies of the opinions follow the summaries pages. The summaries and full-text opinions are also available on the CBA homepage at http://www.cobar.org/tcl/index.htm.


Summary of Decisions Issued by the Presiding Disciplinary Judge
(April 21, 2000 through May 23, 2000)

People v. Bauer, 99PDJ051, 5/22/00. Attorney Regulation.

The Presiding Disciplinary Judge and Hearing Board disbarred Respondent Richard B. Bauer for misappropriation of social security funds, constituting grounds for discipline pursuant to C.R.C.P. 251.5(b), in violation of Colo. RPC 8.4(c), and commingling personal funds with trust account funds, in violation of Colo. RPC 1.15(a). Respondent was ordered to pay the costs of these proceedings. p.147.

People v. House, No. 99PDJ088, 5/10/2000. Attorney Regulation.

The Presiding Disciplinary Judge reinstated Juliette Alane House to the practice of law, effective May 9th, 2000. (No Opinion issued.)


Summaries of Decisions Regarding Conditional Admissions of Misconduct
Issued by the Presiding Disciplinary Judge

(April 21, 2000 through May 23, 2000)

[The Presiding Disciplinary Judge'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 Presiding Disciplinary Judge, (303) 825-2797.]

People v. Cabral, No. 00PDJ033, 5/10/2000. Attorney Regulation.

The Presiding Disciplinary Judge accepted the parties' Conditional Admission of Misconduct and suspended Respondent Alfonso S. Cabral from the practice of law for a period of ninety days, with the full period of suspension stayed on the condition that respondent be placed on probation for two years with conditions. In separate matters, respondent negligently commingled personal funds with those in his trust account, in violation of Colo. RPC 1.15(a); failed to promptly withdraw from the representation of a client, in violation of Colo. RPC 1.3, when his continued representation posed a conflict of interest in a criminal matter; neglected a legal matter by failing to ensure that the final orders drafted by opposing counsel and signed by the court included material terms of the parties' stipulation, in violation of Colo. RPC 1.3. Respondent was ordered to pay the costs of the disciplinary proceeding.

People v. Dawson,No. 99PDJ114, 4/26/00. Attorney Regulation.

The Presiding Disciplinary Judge accepted the parties' Conditional Admission of Misconduct and suspended Stephen D. Dawson from the practice of law for a period of six months, with the full six-month period stayed on the condition that respondent be placed on probation for one year, subject to conditions. Respondent advised his client to knowingly disobey an obligation under the rules of a tribunal regarding his client's permanent orders, in violation of Colo. RPC 3.4(c). Respondent was ordered to pay the costs of these proceedings.

People v. Dunbar, No. 00PDJ039, 5/2/00. Attorney Regulation.

The Presiding Disciplinary Judge accepted the parties' Conditional Admission of Misconduct and suspended David J. Dunbar from the practice of law for a period of six months, with the full six months stayed on the condition that respondent be placed on probation for two years, subject to conditions. Respondent pled guilty to third-degree assault, constituting grounds for discipline, pursuant to C.R.C.P. 251.5(b) and a violation of Colo. RPC 8.4(b). Respondent was ordered to pay the costs of these proceedings.

People v. Johnson, No. 00PDJ022, 5/2/00. Attorney Regulation.

The Presiding Disciplinary Judge accepted the parties' conditional admission of misconduct and suspended Respondent Gary C. Johnson from the practice of law for a period of three months for failing to notify his client and opposing counsel of his suspension, by drafting an appellate brief for his former client while under suspension, and failing to file an affidavit with the court following suspension. Respondent's conduct violated Colo. RPC 5.5(a) and Colo. RPC 3.4(c), C.R.C.P. 251.28(b), C.R.C.P. 251.28(c), and C.R.C.P. 251.28(d). Respondent was ordered to pay the costs of these proceedings.

© 2000 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=2000.


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