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People v. Varallo2/12/1996
EN BANC
Per Curiam
We have consolidated two lawyer discipline proceedings involving the respondent for the purpose of issuing one opinion and order. In No. 94SA145, a hearing panel of the supreme court grievance committee approved the findings and recommendation of a hearing board that the respondent be suspended from the practice of law for three years. The same hearing panel approved the findings and recommendation of a second hearing board in No. 94SA459 that the respondent pay restitution and be suspended for one year and one day for additional ethics violations. The respondent's misconduct in No. 94SA145 involved the knowing conversion of client funds and, consistent with our previous decisions, disbarment is appropriate.
I.
The respondent was admitted to the Colorado bar in 1973. On May 22, 1993, we immediately suspended him from the practice of law based on allegations contained in the present proceedings. See C.R.C.P. 241.8. By way of a motion to dismiss, the respondent asserts that these disciplinary proceedings violate due process and equal protection. We address the constitutional claims first.
The respondent alleges that (1) "the Colorado discipline process is facially in violation of the due process and equal protection clauses of both the Colorado and United States Constitutions"; and (2) "as applied in this case, the actions of the grievance committee, the disciplinary counsel and the Colorado Supreme Court violate the due process and equal protection clauses of both the Colorado and United States Constitutions."
II. Due Process
A lawyer in a disciplinary proceeding is entitled to procedural due process, although there is no requirement that the lawyer be afforded the same constitutional safeguards as in a criminal trial. People v. Morley, 725 P.2d 510, 514 (Colo. 1986). The respondent asserts that the lawyer disciplinary process in Colorado violates state and federal due process guarantees. It allegedly violates due process, on its face, "since one entity, the Colorado Supreme Court, has complete and total control over each and every stage of the process." As applied, it is also alleged to offend due process because "the Respondent has been denied an independent hearing and appeal since the imposition of the immediate suspension pre-Judged his entire case, and has prejudiced his case throughout the system." Finally, the respondent claims that he has been denied due process because the crux of the prohibited conduct in this case, conversion of client funds, has not been defined in a manner readily understandable to a licensed lawyer. See Morley, 725 at 517.
A.
"The Colorado Supreme Court, as part of its inherent and plenary powers, has exclusive jurisdiction over attorneys and the authority to regulate, govern, and supervise the practice of law in Colorado to protect the public." Colorado Supreme Court Grievance Comm. v. District Court, 850 P.2d 150, 152 (Colo. 1993). This power as it is exercised in lawyer discipline proceedings is the basis of the respondent's facial due process challenge. See People v. Susman, 196 Colo. 458, 464, 587 P.2d 782, 786 (1978) (as part of its inherent powers, the supreme court has "the ultimate and exclusive responsibility for the structure and administration of disciplinary proceedings against lawyers.")
The supreme court promulgated the former Code of Professional Responsibility and the current Rules of Professional Conduct. Further:
To effectuate these disciplinary rules, the Colorado Supreme Court adopted the Col
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