People v. Dalton, 92SA390
| Decision Date | 09 November 1992 |
| Docket Number | No. 92SA390,92SA390 |
| Citation | 840 P.2d 351 |
| Parties | The PEOPLE of the State of Colorado, Complainant, v. John W. DALTON, Attorney-Respondent. |
| Court | Colorado Supreme Court |
Linda Donnelly, Disciplinary Counsel, James C. Coyle, Asst. Disciplinary Counsel, Denver, for complainant.
Steven Katzman, Littleton, for attorney-respondent.
In this attorney discipline proceeding, the respondent and the assistant disciplinary counsel have entered into a stipulation, agreement, and conditional admission of misconduct. See C.R.C.P. 241.18. An inquiry panel of the Supreme Court Grievance Committee approved the stipulation and recommended that the respondent receive a public censure and be assessed the costs of the proceeding. We accept the stipulation and the recommendation of the inquiry panel.
The respondent was admitted to the bar of this court on October 6, 1975, is registered as an attorney upon this court's official records, and is subject to the jurisdiction of this court and its grievance committee in these proceedings. C.R.C.P. 241.1(b). The stipulation embraces allegations of professional misconduct contained in two separate formal complaints, and contains the following admissions by the respondent:
In GC 88A-10, the respondent represented a client in a probation revocation proceeding in county court. During the course of the proceedings from April to November, 1987, the respondent asserted numerous unwarranted allegations against, and displayed disrespect for, the county court judge, the prosecutor, and the court reporter. The respondent's conduct in the proceedings was undignified, discourteous and disruptive of the proceedings. As the respondent has stipulated, his conduct violated DR 1-102(A)(5) (), and DR 7-106(C)(6) ().
In GC 89A-11, the respondent represented a woman who was charged with criminal mischief. On August 28, 1987, the respondent filed a motion to disqualify the judge. The motion contained allegations that were unwarranted and displayed disrespect for the court. In his response to the request for investigation initiating a part of this disciplinary proceeding, the respondent charged a complaining witness with filing a frivolous and groundless action against him. Moreover, despite the immunity granted by C.R.C.P. 241.25(e) (), the respondent claimed that the complaining witness was liable to him for damages and the costs of defending the grievance. See People v. Smith, 830 P.2d 1003, 1005-06 (Colo.1992) (). As he has admitted, the respondent's conduct violated DR 1-102(A)(5), DR 7-106(C)(6), and C.R.C.P. 241.25(e).
As officers of the court, lawyers "must maintain the respect due to courts and judicial officers." Losavio v. District Court, 182 Colo. 180, 185, 512 P.2d 266, 268 (1973). In the stipulation, the respondent and the assistant disciplinary counsel assert that the respondent's offending statements were made in the heat of emotion and caused little or no actual damage. Under the American Bar Association's Standards for Imposing Lawyer Sanctions (1986 & Supp.1992) (ABA Standards ), public censure
is generally appropriate when a lawyer is negligent either in determining whether statements...
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In re Smith
...another) and DR 1-102(A)(6) (engaging in conduct adversely reflecting on the lawyer's fitness to practice law). See also People v. Dalton, 840 P.2d 351, 352 (Colo.1992) (disciplining lawyer who in his response to the request for investigation claimed that the complaining witness was liable ......
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People v. McNamara
...and then they had ... to turn around and pay other lawyers additional fees for the legal services they had paid the [attorney] to perform”). 19.People v. Dalton, 840 P.2d 351, 352 (Colo.1992) (quoting Losavio v. Dist. Court, 182 Colo. 180, 185, 512 P.2d 266, 268 (1973)). 20. ABA Standards §......
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People of The State of Colo. v. BRENNAN, No. 08PDJ052.
...case law dealing with these subjects holds that even an isolated occurrence of such misconduct warrants discipline. See People v. Dalton, 840 P.2d 351, 352 (Colo.1992) citing Losavio v. District Court, 182 Colo. 180, 512 P.2d 266, 268 (1973). The Colorado Supreme Court has approved a public......
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People v. Preston, 10PDJ060.
...to the spirit of Colo. RPC 1.16(d), which would have lawyers “err on the side of production” in order to protect their clients' interests. Id. 85.People v. Dalton, 840 P.2d 351, 352 (Colo.1992) (quoting Losavio v. Dist. Court, 182 Colo. 180, 185, 512 P.2d 266, 268 (1973)); see also In re Ke......
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Disciplinary Case Opinions
...486 N.W.2d 387, 390 (Minn. 1992) (sanctioning attorney for failure to voluntarily pay legal malpractice judgment). 36. People v. Dalton, 840 P.2d 351, 352 (Colo. 1992) (quoting Losavio v. Dist. Court, 512 P.2d 266, 268 (Colo. 1973)). 37. In re Pokorny, 453 N.W.2d at 348. 38. Respondent fram......
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Disciplinary Opinion
...turn around and pay other lawyers additional fees for the legal services they had paid the [attorney] to perform"). [19] People v. Dalton, 840 P.2d 351, 352 (Colo. 1992) (quoting Losavio v. Dist. Court, 182 Colo. 180, 185, 512 P.2d 266, 268 (1973)). [20] ABA Standards § II at 7. [21] See AB......
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Disciplinary Opinion
...1.16(d), which would have lawyers "err on the side of production" in order to protect their clients' interests. Id. 85. People v. Dalton, 840 P.2d 351, 352 (Colo. 1992) (quoting Losavio v. Dist. Court, 182 Colo. 180, 185, 512 P.2d 266, 268 (1973)); see also In re Kelley, 801 P.2d 1126, 1131......
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When Unprofessional Conduct Results in Formal Discipline
...“has the power to determine the law of this jurisdiction as applied in disciplinary proceedings”). [18] Id. See also People v. Dalton, 840 P.2d 351, 352 (Colo. 1992) (finding that a lawyer prejudiced the administration of justice during a criminal representation when the lawyer “asserted nu......