People v. Unruh
| Decision Date | 06 October 1980 |
| Docket Number | No. 80,80 |
| Citation | 621 P.2d 948 |
| Parties | The PEOPLE of the State of Colorado, Complainant, v. Richard D. UNRUH, Attorney-Respondent. SA 283. |
| Court | Colorado Supreme Court |
Paul D. Cooper, Sp. Prosecutor, Denver, for complainant.
Merle R. Knous, J. Michael Dowling, Denver, for attorney-respondent.
This is a disciplinary proceeding in which the Supreme Court Grievance Committee recommended disbarment. We concur in the recommendation and order that the respondent, Richard D. Unruh, be disbarred. The respondent may not apply for reinstatement for at least eight years and then only upon compliance with the terms and conditions set forth at the conclusion of this opinion.
Respondent was admitted to practice law in the State of Colorado on October 23, 1970. He served in a number of legal service programs before undertaking the duties of Deputy District Attorney in San Miguel County, Colorado.
In 1975, the Colorado Organized Crime Strike Force was investigating illegal drug traffic in Telluride, Colorado. The respondent, while serving as a deputy district attorney, entered into an illicit agreement with undercover agents of the Strike Force to obtain a share of the profits from the importation of narcotic drugs from Mexico. In furtherance of the conspiracy, he delivered $5,000 to the undercover agents for the privilege of participating in the profits from importing narcotic drugs and purchased cocaine for one of the undercover agents. In addition, he agreed to hide a fugitive from justice. He also snorted cocaine in the presence of an undercover agent. The allegations made before the Grievance Committee were proven by clear and convincing evidence. The respondent was charged with criminal offenses and, as part of a plea bargain, pled guilty to being a disorderly person which is a misdemeanor.
The respondent violated DR 1-102(A)(3) and (6) of the Code of Professional Responsibility and Colo.R.Civil P. 241(B)(3) and (4). His professional misconduct strikes at the very foundation of our judicial system. He totally disregarded his oath of office and his obligation as a deputy district attorney to uphold, maintain, and enforce the law. See Canon 1, Code of Professional Responsibility. He used illegal drugs and narcotics, conspired to smuggle narcotics into the United States from Mexico, and attempted to obstruct the administration of justice by agreeing to hide a fugitive. He not only breached his duty to enforce the law, but also openly violated the law. His oath of office as a deputy district attorney demanded a high standard of professional conduct and required that he enforce the law and not violate the law. The respondent's misconduct as a deputy district attorney destroys public confidence in the administration of criminal justice.
In this case the respondent concedes that he committed each of the violations which we have specified. However, he seeks lenity on the theory that he has good character and a good reputation. His misconduct cannot be justified on any basis. The respondent has seriously damaged the image of the legal profession. The respondent's flagrant violation of the laws, which he took an oath to uphold and enforce as deputy district attorney, tends to discredit all law enforcement officers. Character and reputation evidence provides no basis for leniency in this case.
The respondent was thirty-six years old at the time the acts complained of occurred, and his misconduct is not the product of youth or inexperience. Other jurisdictions, when dealing with similar misconduct, have imposed severe sanctions. See Comm. on...
To continue reading
Request your trial
-
People v. Brown
...of two felonies and a misdemeanor while in office warrants the most severe sanction which we have the authority to impose. See People v. Unruh, 621 P.2d 948 (1980); and ABA, Standards for Imposing Lawyer Sanctions, Standard 5.21 (1986) ("Disbarment is generally appropriate when a lawyer in ......
-
Committee On Legal Ethics of West Virginia State Bar v. Roark
...the lawyer's misconduct as more egregious because of the betrayal of the public trust attached to the office. E.g., People v. Unruh, 621 P.2d 948, 949 (Colo.1980) ("[R]espondent's flagrant violation of the laws, which he took an oath to uphold and enforce as deputy district attorney, tends ......
-
State ex rel. Oklahoma Bar Ass'n v. Wright
...[1982].3 Other jurisdictions, when visiting discipline for similar lawyer misconduct, have imposed severe sanctions. See People v. Unruh, 621 P.2d 948, 949 [Colo.1980] (a lawyer, who was charged with (a) using illegal drugs and narcotics, (b) conspiring to smuggle narcotics into the U.S. an......
-
People v. Martin, 94SA410
...important consideration in disciplinary proceedings. See People v. Young, 732 P.2d 1208, 1210 (Colo.1987). As we said in People v. Unruh, 621 P.2d 948, 949 (Colo.1980): "The respondent's misconduct involves moral turpitude and demands the most severe discipline. Severe discipline is require......
-
Litigating Disputes Involving the Medical Marijuana Industry
...from engaging in criminal acts that reflect adversely on the attorney's trustworthiness or honesty. 26. See, e.g.,People v. Unruh,621 P.2d 948 (Colo. 1980) (deputy district attorney's use of illegal drugs and narcotics and conspiring to import narcotics into the United States warranted disb......
-
Wrongful Convictions and the Accuracy of the Criminal Justice System
...for improper billing of counties for expenses and efforts to prevent material witness from testifying at trial); People v. Unruh, 621 P.2d 948, 948-49 (Colo.1980) (deputy district disbarred for using illegal drugs, conspiring to smuggle narcotics into United States, and attempting to obstru......