Search



Not a CBA Member? Join Now!
Find A Lawyer Directory
STRATUM
Find A Lawyer Directory

TCL > February 2000 Issue > Summaries of Opinions

February 2000       Vol. 29, No. 2       Page  107
From the Courts
Colorado Disciplinary Cases

Summaries of Opinions

Summary of Appeal to the Appellate Discipline Commission

In the Matter of Reveles, No. 99AD003, 12/17/99. Attorney Regulation.

The Appellate Discipline Commission publicly censured Rodolfo Reveles for engaging in conduct intended to disrupt a tribunal, and for engaging in conduct prejudicial to the administration of justice, thereby violating Colo. RPC 3.5(c) and Colo. RPC 8.4(d). Reveles was found to have openly argued with two judges in the presence of his clients, court officers, and court personnel, using a loud, argumentative tone, while waving his arms above his head. He repeatedly interrupted one of the judges while the judge was making his ruling from the bench, and he then refused to cooperate with the court in the scheduling of a sentencing date. In reaching its decision, the Appellate Discipline Commission ("Commission") declined to follow a recommendation of a hearing panel of the Grievance Committee, concluding the recommendation was manifestly excessive. The recommendation had come to the Commission on remand from the Supreme Court. p.109.

Summaries of Decisions Issued by the Presiding Disciplinary Judge
(November 20, 1999 to December 20, 1999)

Berkley v. People , No. 99PDJ073, 12/7/1999. Attorney Regulation.

The Presiding Disciplinary Judge and Hearing Board reinstated Petitioner Martin J. Berkley to the practice of law effective December 28, 1999. p.111.

People v. Johnson, No. 99PDJ036, 12/17/1999. Attorney Regulation.

The Presiding Disciplinary Judge and the Hearing Board suspended Respondent Gary C. Johnson from the practice of law for a period of one year and one day for willfully failing to comply with child support orders, in violation of Colo. RPC 3.4(c), and for delaying and altering the course of court proceedings regarding an income assignment, in violation of Colo. RPC 8.4(d) and Colo. RPC 8.4(a). The respondent was ordered to pay the costs of the disciplinary proceedings. p.113.

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

(November 20, 1999 to December 20, 1999)

[Full-text Opinions are available at the Office of the Presiding Disciplinary Judge, (303) 825-2797.]

People v. Brock, No. 99PDJ068, 12/07/1999. Attorney Regulation.

The Presiding Disciplinary Judge accepted the parties' Conditional Admission of Misconduct and suspended Respondent Kenneth F. Brock from the practice of law for a period of one year and one day, subject to certain conditions. The respondent failed to communicate with two clients regarding the status of their retainer refunds, in violation of Colo. RPC 1.4(a); he failed to segregate two clients' retainers in a trust account, in violation of Colo. RPC 1.15(a); he failed to timely refund three clients' unearned retainers, in violation of Colo. RPC 1.16(d); he negligently converted three clients' retainers, in violation of Colo. RPC 8.4(c); he neglected the legal services he was to perform for one client, in violation of Colo. RPC 1.3; he charged and collected payment for the cost of legal work arising from his own error in failing to timely file a pleading, in violation of Colo. RPC 1.5(a). The respondent was ordered to pay the costs of the disciplinary proceedings.

People v. Doherty, No. GC96A140, 12/15/1999. Attorney Regulation.

The Presiding Disciplinary Judge accepted the parties' Conditional Admission of Misconduct and suspended Respondent James P. Doherty from the practice of law for a period of seventy-five days, subject to certain conditions. The respondent engaged in a conflict of interest by acting as counsel and registered agent for a corporation at the same time he represented a client, without adequate disclosure to the client about the nature and extent of possible conflict, in violation of Colo. RPC 1.7 and prior DR 5-101(a). The respondent neglected a legal matter entrusted to him by acting as registered agent for certain corporations and failing to open or read the mail sent to the corporations, which resulted in their being administratively dissolved, constituting a violation of Colo. RPC 1.3 and prior DR 6-101(a)(3). The respondent was ordered to pay the costs of the disciplinary proceedings.

People v. Field,99PDJ120, 12/14/1999. Attorney Regulation.

The Presiding Disciplinary Judge accepted the parties' Conditional Admission of Misconduct and suspended Respondent Mark P. Field from the practice of law for a period of six months, subject to certain conditions. Before and during a prior suspension, the respondent wrote letters directly to new and existing clients, using his firm name and letterhead, and maintained control over clients' funds, in violation of C.R.C.P. 241.21(a), Colo. RPC 1.5(a), Colo. RPC 7.5(a), and Colo. RPC 8.4(d). The respondent was ordered to pay the costs of the disciplinary proceedings.

People v. Sather, No. 99PDJ010, 11/23/99. Attorney Regulation.

The Presiding Disciplinary Judge accepted the parties' Conditional Admission of Misconduct and issued a public censure to Respondent Larry Douglas Sather for engaging in conduct prejudicial to the administration of justice, in violation of Colo. RPC 8.4(d), in the context of a dissolution of marriage and bankruptcy proceedings. The respondent was ordered to pay the costs of the disciplinary proceeding.

People v. Jaber, No. 99PDJ023, 12/07/1999. Attorney Regulation.

The Presiding Disciplinary Judge accepted the parties' Conditional Admission of Misconduct and suspended Respondent J. Daniel Jaber from the practice of law for a period of eighteen months, with all but ninety days of the period of suspension stayed during a three-year period of probation, and subject to certain conditions. The respondent pleaded guilty to one count of third-degree assault, with the judgment and sentence deferred for one year, subject to conditions. The respondent was charged with violating the conditions of the deferral and, in separate actions, also was charged with misdemeanor harassment and violating a restraining order. The respondent also failed to timely pay court-ordered child support payments. The respondent's conduct violated C.R.C.P. 251.5(b), Colo. RPC 3.4(c), Colo. RPC 8.4(b), and Colo. RPC 8.4(h). The respondent was ordered to pay the costs of the disciplinary 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.


Back