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People v. Hockley

11/2/1998

not be characterized as non-existent nor as "little." See People v. Williams, 936 P.2d 1289, 1291 (Colo. 1997) (rejecting argument that because client's claim was eventually reinstated after it was dismissed because of the lawyer's negligence, the client suffered little potential injury).


By way of mitigation, Hockley has not been previously disciplined, see ABA Standards 9.32(a), and at the time of the misconduct she was suffering from a medical impairment, see id. at 9.32(h). Specifically, according to a doctor's report attached to the conditional admission, Hockley's treating physician indicated that the medical condition "could have contributed to Ms. Hockley's inability to act with reasonable diligence on behalf of her then client, Lois Tomlinson." The complainant alleges no aggravating factors.


Taking these mitigating factors into account, we agree with the inquiry panel that public discipline is appropriate. Hockley's negligence caused her client harm, albeit the client was compensated for the harm by the respondent's insurance carrier. Even if her medical condition was, in part, the cause, the resultant harm weighs in favor of a public censure. Accordingly, we accept the conditional admission and the inquiry panel's recommendations. However, at least two members of the court would have imposed a lesser sentence of private censure.


III.


Sandra D. Hockley is hereby publicly censured. She is also ordered to comply with the following conditions:


"No less than quarterly during one year from the date of this opinion, Hockley will have her medical condition reviewed by a licensed physician. This physician shall report quarterly to the Office of Disciplinary Counsel, or its successor entity, concerning Hockley's medical condition and will report to the Office of Disciplinary Counsel, or its successor entity, any problems the physician identifies with Hockley's ability to continue practicing law as a result of her medical condition."


Finally, Hockley is ordered to pay the costs of this proceeding in the amount of $53.47 to the Supreme Court Grievance Committee, 600 Seventeenth Street, Suite 300 South, Denver, Colorado 80202-5435, within thirty days of the date of the opinion.




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