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TCL > April 2000 Issue > Summaries of Opinions

The Colorado Lawyer
April 2000
Vol. 29, No. 4 [Page  109]

© 2000 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved.

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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

(January 21, 2000 through February 20, 2000)

People v. Gibson, No. 99SA051, 2/14/2000. Attorney Regulation.

The Presiding Disciplinary Judge reinstated Respondent Timothy Scott Gibson to the practice of law, effective February 14, 2000. (No Opinion issued)

Mitchell v. People, 99PDJ121, 1/26/2000. Attorney Regulation.

The Presiding Disciplinary Judge reinstated Petitioner Michael T. Mitchell to the practice of law, effective January 26, 2000. (No Opinion issued)

Summaries of Decisions Regarding Conditional Admissions of Misconduct

Issued by the Presiding Disciplinary Judge

(January 21, 2000 through February 20, 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. Wabeke, No. 99PDJ113, 1/28/2000. Attorney Regulation.

The Presiding Disciplinary Judge accepted the parties’ Conditional Admission of Misconduct and suspended Respondent Ross J. Wabeke from the practice of law for a period of ninety days, with all but thirty days of the period of suspension stayed, followed by one year of probation subject to certain conditions. Respondent was designated as the trustee in a Chapter 7 bankruptcy, and requested authorization from the court to hire an auctioneer and hold an auction, which was denied based on lack of notice to the debtor. Despite having been denied the authority to do so, respondent went forward with the auction, and subsequently renewed his earlier motion without disclosing that the auction had taken place. Respondent’s conduct constituted negligent misrepresentation, and violated Colo. RPC 3.3(a)(1), Colo. RPC 8.4(c), and Colo. RPC 8.4(d). Respondent was ordered to pay the costs of the 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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