People v. Gibbons
| Decision Date | 07 June 1965 |
| Docket Number | No. 21421,21421 |
| Citation | 157 Colo. 357,403 P.2d 434 |
| Parties | The PEOPLE of the State of Colorado v. John J. GIBBONS, Attorney Respondent. |
| Court | Colorado Supreme Court |
Duke W. Dunbar, Atty. Gen., John W. Patterson, Asst. Atty. Gen., Denver, for the People.
William H. Erickson, Denver, for respondent.
This is an original proceeding in discipline entitled 'Petition for Citation' which was filed in this court by the Attorney General of the State of Colorado.
The chronology of events involving the respondent is briefly set forth as follows:
On June 23, 1964, the respondent was found guilty by a jury in the Federal District Court on each of six counts of an indictment charging what is generally referred to as income tax evasion and perjury.
On July 13, 1964, the Federal Court entered a 'Judgment and Commitment' wherein the respondent was committed to the custody of the Attorney General for imprisonment for a period of two years upon each of the six counts. It was also adjudged that respondent pay a fine to the United States of America upon each of the six counts. Confinement in a 'jail-type' institution for a period of forty days was ordered. Imposition of the remainder of the sentence was suspended and the respondent was placed on probation for a period of three years. The respondent chose not to effect an appeal of his conviction and sentence.
Subsequently, the Attorney General of the State of Colorado filed in this court the 'Original Proceeding in Discipline.' The respondent filed his answer to the Petition for Citation, in which he denied guilt in fact of any of the offenses charged in the indictment; he denied improper use of his name in 'Who's Who in Colorado,' and also denied that his conduct was contrary to the highest standards of honesty, justice and morality.
On August 12, 1964, the Attorney General of the State of Colorado, upon order of this court, filed his formal complaint against the respondent before the Grievance Committee of the Supreme Court of the State of Colorado. Citation was issued by this court directing the respondent to answer the formal complaint. An answer and amendment of answer were filed by respondent, in which he generally denied guilt in fact of the crimes charged in the indictment; he generally denied action involving moral turpitude, and affirmatively alleged that he had at all times abided by the highest standards of honesty, justice and morality and by the canons of legal ethics imposed upon all members of the bar.
On February 19, 20 and 27, 1965, the Grievance Committee held hearings and subsequently filed its report, to which the respondent filed his exceptions.
The respondent's defense to the disciplinary action complaint in general terms was that the crime charged did not involve moral turpitude, and neither did it in anywise affect his right to practice law in the State of Colorado; that he had not been convicted of a felony that would justify revocation or suspension of his license, and that his conduct had not been contrary to the highest standards of honesty, justice and morality. He affirmatively alleged that at no time did he commit the offenses charged; that he at all times had had his tax returns prepared by a registered accountant, relying upon his expertise for proper determination of the method and amount of tax; that he is not an expert in the field of taxation; that he established good faith in the filing of his tax returns and the use of an expert for that purpose; that he had at all times conducted himself as a lawyer to reflect the highest standards of honesty, justice and morality, and that he was not and is not in fact guilty of any of the charges made in the formal complaint.
In the case of People v. Bell, 150 Colo. 245, 372 P.2d 436, this court stated:
This language is indeed appropriate, not only because of its applicability to this case, but also because it sets forth an important guide concerning such types of misconduct on the part of members of the bar which may be deemed to be grounds for disciplinary action.
In the case of People ex rel. Dunbar v. Fischer, 132 Colo. 131, 287 P.2d 973, this court entered an order of disbarment after the...
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