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People v. Stauffer9/7/1993
for Imposing Lawyer Sanctions (1986 & Supp. 1992) (ABA Standards), in the absence of aggravating or mitigating factors, "disbarment is generally appropriate when a lawyer . . . intentionally or knowingly violates the terms of a prior disciplinary order and such violation causes injury or potential injury to a client, the public, the legal system, or the profession." ABA Standards 8.1(a).
In aggravation, the board found that the respondent had a history of prior discipline, id. at 9.22(a); that he had a dishonest or selfish motive, id. at 9.22(b); that there was a pattern of misconduct, id. at 9.22(c); that there were multiple offenses, id. at 9.22(d); that the respondent engaged in a bad faith obstruction of the disciplinary process by intentionally failing to comply with the rules or orders of the grievance committee, id. at 9.22(e); that the respondent refused to acknowledge any wrongful conduct on his part, id. at 9.22(g); and that he had substantial experience in the practice of law, id. at 9.22(i). The board concluded that there were no mitigating circumstances.
The respondent has committed multiple serious acts of professional misconduct and has been convicted of a serious offense. His continued practice of law while suspended demonstrates that he will not comply with an order of suspension and that he is unfit to remain a member of the bar of this state. We therefore accept the hearing panel's recommendation in No. 92SA431 and order that the respondent be disbarred. Moreover, because the respondent continued to practice law after he was suspended, we find the imposition of retroactive discipline inappropriate. Since the respondent did not obey the order of immediate suspension, he cannot now claim a benefit under that order.
VI
It is hereby ordered that John Dale Stauffer, Jr., be disbarred and that his name be stricken from the list of attorneys authorized to practice before this court, effective immediately upon the issuance of this opinion. It is further ordered that Stauffer pay the combined costs of these proceedings in the amount of $1,618.87 with 90 days after the announcement of this opinion to the Supreme Court Grievance Committee, 600 Seventeenth Street, Suite 500-S, Dominion Plaza, Denver, Colorado 80202.
Disposition
ATTORNEY DISBARRED
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