 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
People v. Stauffer9/7/1993
Original Proceedings in Discipline
Per Curiam
In No. 91SA410, a hearing panel of the Supreme Court Grievance Committee approved the recommendation of a hearing board that the respondent in this attorney discipline proceeding be suspended from the practice of law for thirty months, be required to undergo a psychiatric examination as a condition of reinstatement, and be assessed costs. The assistant disciplinary counsel did not except to the recommendation. The respondent did not dispute the appropriateness of a suspension, but he asserted that any order of suspension should be made retroactive to August 11, 1988, the date on which he was immediately suspended from the practice of law because of his conviction of a serious crime. C.R.C.P. 241.16(d).
In No. 92SA431, the same hearing panel approved the findings and recommendation of a second hearing board that the respondent be disbarred for practicing law while under the order of immediate suspension. For the purpose of issuing one opinion and order we have consolidated the two proceedings. We accept the findings and recommendations of the hearing panel in both cases and we order that the respondent be disbarred and be assessed the costs of the proceedings.
I
The respondent was admitted to the bar of this court on October 17, 1980, is registered as an attorney upon this court's official records, and is subject to the jurisdiction of this court and its grievance committee in these proceedings. C.R.C.P. 241.1(b).
II
The hearing board in No. 91SA410 consolidated two separate formal complaints that had been filed against the respondent. After listening to the testimony of the complainant's witnesses and witnesses for the respondent, including the respondent's own testimony, and considering the exhibits introduced by both sides, the hearing board found that the following facts were established by clear and convincing evidence.
A
Complaint GC 88B-41
On August 31, 1987, a Fort Collins police officer observed a vehicle parked on the shoulder of northbound I-25. The door on the driver's side was standing open and impeding traffic. The respondent was on the median and when the officer asked him if everything was all right, the respondent ran away from the officer and across the highway. After radioing for assistance, the officer approached the vehicle. He observed one handgun in a holster and a second empty holster on the front seat of the automobile. Two witnesses told the officer that they had earlier seen an individual standing on the median with a weapon. One witness stated that the respondent had dropped or thrown the handgun in the median.
The respondent was arrested. A search of the vehicle, which was registered in the respondent's wife's name, revealed two additional handguns, a total of approximately twenty-two grams of cocaine, and cocaine-related paraphernalia. The officers also found airline tickets under various aliases in the automobile.
On March 14, 1988, after a jury trial, the respondent was convicted of possession of cocaine in violation of section 18-18-105, 8B C.R.S. (1986), a class 3 felony. The jury rejected the respondent's claim that his wife was solely responsible for the cocaine and the paraphernalia. On May 11, 1988, the respondent was sentenced to six years imprisonment in the Department of Corrections, fined $25,000, and ordered to pay additional surcharges to the Victim's Assistance Fund and the Victim's Compensation Fund. The respondent's conviction was subsequently affirmed by the court of appeals and the respondent's petition for certiorar
Page 1 2 3 4 5 Colorado Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|