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People v. Auld

3/19/1990

Per Curiam


This disciplinary proceeding was resolved by stipulation with an agreement as to the material facts and a range of sanctions. We accept the stipulation and order that the respondent, Robin K. Auld, be suspended for a period of six months which shall become effective thirty days after the announcement of the opinion in this case. C.R.C.P. 241.21(a). The respondent is also assessed the costs of these proceedings.


The respondent has made a conditional admission of misconduct in exchange for a stipulated range of discipline. C.R.C.P. 241.18(a). The respondent has stipulated to the facts which precipitated the filing of charges of theft by receiving and possession of a dangerous weapon and this disciplinary proceeding. The stipulation provides:


a. In September of 1988, a La Plata County law enforcement task force consisting of the District Attorney and members of other law enforcement agencies sent an undercover agent to Respondent's office to pose as a client named "Colton Young."


b. Pursuant to this undercover plan, a fictitious misdemeanor charge was filed in La Plata County Court against "Colton Young."


c. On September 12, 1988, the undercover officer went to Respondent's office and claimed to be "Colton Young." The officer gave Respondent $500 as a retainer for representation in the misdemeanor case.


d. Thereafter, on September 23, 1988, the undercover officer asked Respondent if he would accept drugs for the balance of his fee. The Respondent declined to accept drugs in lieu of fees.


e. Subsequently, on October 28, 1988, the undercover officer asked the Respondent if he would accept firearms in lieu of the balance of his fee. The Respondent initially replied that he would not, and requested money for his fee. An additional conversation was then held during which the undercover officer told Respondent that he could not obtain any money to pay his fee.


f. On October 29, 1988, the undercover officer delivered to Respondent an Uzi fully automatic machine gun which he described to Respondent as being fully automatic and stolen. Respondent expressed surprise but nevertheless took the gun into his possession, advising the undercover officer that he was reluctantly accepting it as collateral.


g. Immediately after Respondent accepted the firearm, he was arrested and taken to the La Plata County Jail. After being interrogated at the jail concerning matters which are the subject of the Statement in Mitigation which is attached to this Stipulation, Respondent was charged with the crimes of theft by receiving and possession of a dangerous weapon. These charges were later dismissed by the District Court and this dismissal has been appealed by the prosecution.


As part of the stipulation, the respondent was permitted to file this statement in mitigation:


RESPONDENT is a forty-year old attorney who has never been the subject of previous discipline. Mr. Auld has been engaged in the practice of law in Durango, Colorado, since 1978. His practice is primarily concentrated on litigation of criminal , domestic relations and personal injury matters. In the course of his practice, he has represented controversial clients who were suspected of being involved in criminal activity, including drug trafficking.


In 1988, La Plata County law enforcement officials obtained a federal funding grant for the conduct of undercover activities aimed at drug trafficking. Several of Mr. Auld's clients were targeted by this undercover operation. The officers decided to approach Mr. Auld by having a undercover agent pose as a client. The pla

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