People v. Howard, 19131

Decision Date10 August 1959
Docket NumberNo. 19131,19131
Citation342 P.2d 635,140 Colo. 151
PartiesPEOPLE of the State of Colorado, Relator, v. H. Gordon HOWARD, Respondent.
CourtColorado Supreme Court

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., for relator.

Rogers, McClain & Brown, Denver, for respondent.

HALL, Justice.

This is an original proceeding initiated by the Attorney General of the state of Colorado who, on July 9, 1959, filed with the clerk of this court a petition for a citation directed to H. Gordon Howard, an attorney licensed by this court to practice law in the state of Colorado, to show cause why his license should not be suspended during the pendency of disciplinary proceedings pending before the Grievance Committee of this court, and awaiting investigation, hearing and recommendations of that committee with respect to the charges filed against said respondent.

Pursuant to said petition, citation was issued on July 13, 1959, directing the respondent to appear before this court at 9:30 a. m., July 27, 1959, to show cause why his license should not be suspended. The citation, together with a copy of the complaint pending before the said Grievance Committee, was served on the respondent on July 14, 1959. Thereafter and on July 21, 1959, respondent filed a motion for a continuance and extension of time for appearance herein, and was granted further time and until August 3, 1959, to make his appearance and return.

On July 30, 1959, the respondent, through his counsel, filed a motion for further continuance and for additional time to make return to said citation, which motion was on July 30, 1959, denied.

On July 31, 1959, the respondent, through his counsel, filed his motion to dismiss the formal complaint then pending before the Grievance Committee, and thereafter and on August 3, 1959, prior to the hour of hearing herein filed a motion to strike certain allegations from the complaint pending against him.

At 9:30 a. m., August 3, 1959, the respondent and his counsel appeared before this court and his counsel again urged and requested that a continuance be granted, which request for a further continuance was denied. Counsel was given an opportunity to argue the merits of his motions to dismiss and to strike and ruling thereon was deferred.

The respondent, of his own volition and without being required so to do, was sworn as a witness and given full opportunity to answer any matters set forth in the...

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2 cases
  • Howard v. United States District Court for D. of C.
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • 20 Junio 1963
    ...International Trust Company, 139 Colo. 314, 338 P. 2d 689, certiorari denied 361 U.S. 916, 80 S.Ct. 258, 4 L.Ed.2d 184. 2 People v. Howard, 140 Colo. 151, 342 P.2d 635. 3 People v. Howard, 147 Colo. 501, 364 P.2d 4 369 U.S. 819, 82 S.Ct. 830, 7 L.Ed.2d 784. 5 In the federal court proceeding......
  • People v. Howard
    • United States
    • Colorado Supreme Court
    • 21 Agosto 1961
    ...of the complaint. As a result of that hearing he was suspended from the practice of law until further order of the Court. People v. Howard, 140 Colo. 151, 342 P.2d 635. The suspension has not been lifted and the matter is now before the court for final determination upon the report and reco......

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