Suspension For Domestic Violence

A Colorado Hearing Panel ordered a split sanction for a domestic violence conviction

A hearing board suspended Lawrence R. Hill (attorney registration number 17447) for one year and one day, all but six months stayed upon completion of a three-year period of probation with conditions, including alcohol monitoring and treatment. The suspension takes effect April 19, 2019.

In 2017, Hill and his wife went to a bar, where they consumed alcohol and argued in the parking lot. Hill’s wife made him walk home from the bar. When Hill returned home, he found a baseball bat, walked up the stairs, and entered his wife’s bedroom, where he verbally threatened her while brandishing the baseball bat. He pleaded guilty to menacing, a class-three misdemeanor. His conduct and guilty plea involved an underlying factual basis of domestic violence.

Background

Respondent and his wife have been married for twenty-four years. In 2016, Respondent testified, he and his wife were $12,000.00 to $14,000.00 behind on their mortgage payments, and his mortgage company initiated foreclosure proceedings on the family home, setting the sale date in June 2017. The couple considered filing for bankruptcy or taking out a high-interest loan, but neither solution was “workable,” he said.

Respondent testified that in 2017 he was a solo practitioner practicing bankruptcy and family law. He said that he has always struggled financially as a lawyer, and his income dropped significantly in 2015 and 2016 because the U.S. economy was doing well and bankruptcy filings decreased. To make ends meet, Respondent took on various odd jobs, such as serving as a courier for FedEx and driving for Uber.

He was also concerned about their son, who was facing criminal charges .

After drinks at the Mirage and a fight, she had him walk home

Respondent testified that when he arrived home he wanted to “make a statement” to his wife, so he went into the garage and retrieved a children’s aluminum baseball bat. He took the bat into Ms. Hill’s bedroom. He said that he held the bat with both of his hands. He then shook the bat at Ms. Hill while standing ten to fifteen feet away from her in the doorway and threatening that if she “ever did that again,” he would “crack her skull.” Ms. Hill, in contrast, said that Respondent pointed the bat and held it within one to two feet from her face, yelling, “If you ever talk to me again, I will crack your skull, got that?” She said that even though he never struck her or any furniture with the bat, she felt traumatized. She was not concerned that he would physically harm her, however, because he had never done so before. According to Ms. Hill, she called her son, who in turn called 9-1-1.

He then left the room and went downstairs. Respondent testified that within minutes of going downstairs, there were eight to ten police officers at his front door. He said he was surprised that the police had been called, but he let the officers into his home because he respects authority. He felt that he was very honest with the officers about what had happened.

Ms. Hill, in contrast, said that Respondent pointed the bat and held it within one to two feet from her face, yelling, “If you ever talk to me again, I will crack your skull, got that?” She said that even though he never struck her or any furniture with the bat, she felt traumatized. She was not concerned that he would physically harm her, however, because he had never done so before. According to Ms. Hill, she called her son, who in turn called 9-1-1

He attended counseling as part of the sentence

Ms. Hill said she has noticed a change in Respondent since he completed domestic violence counseling. She thinks he is more self-aware: instead of “blowing up” he just “yells” now. She confirmed that Respondent has been sober since April 2017, and he has, as a result, become calmer, more energetic, and happier. She believes that the incident in April 2017 was isolated, so she is not concerned for her safety. She testified that although she and Respondent depend on each other to “manage everything,” if he drank alcohol again she would leave him. She was adamant that Respondent has only been violent while under the influence of alcohol. Ms. Hill would like to see Respondent monitored for alcohol use but realizes that eventually he will need to self-regulate without supervision.

Respondent testified that unlike in April 2017, he no longer practices law as a “lone wolf.” He has practiced law at the Allstate Law Center for the past ten months. He characterized the firm as high volume, with a large support staff. He manages approximately fifty to seventy cases per month, from intake through the filing of a bankruptcy petition. He likes this work because he enjoys assisting people who are struggling financially. According to Ms. Hill, Respondent’s full-time position has improved his self-esteem. She is fearful that if he lost this job, he would not have a professional support system and would experience negative financial consequences.

The panel did not find the conduct attributable to alcohol abuse

the expert testimony shows that Respondent suffers from a chemical dependency. But the evidence does not demonstrate a direct causal connection between that dependency and Respondent’s misconduct on April 28, 2017. Nor does the evidence show that he has been largely rehabilitated absent the confines of legal supervision and that reoccurrence is thus unlikely.

There was this prior criminal conduct

Respondent consumed five or six mixed drinks at a bar. When he returned home, he confronted his stepson about giving his cell phone to a friend. Respondent struck his stepson in the face, breaking his nose.

And this

In the second case, Respondent became intoxicated while golfing.  He was asked to leave the golf course, and a police officer questioned him as he walked to his vehicle. He was placed under arrest. While at the police station, Respondent punched an officer in the arm and pushed the officer on the chest. He was charged with felony assault, driving under restraint (alcohol related), and disorderly conduct.  On June 20, 2007, Respondent entered a no contest plea to harassment, and the other charges were dismissed.68 He received a deferred judgment of two years with conditions, including anger management and mental health and alcohol evaluations.

Thus

We are very concerned, meanwhile, by Respondent’s prior discipline; specifically we are troubled that he has been disciplined twice in the past for family violence and for criminal conduct involving the use of alcohol, yet he once again faces disciplinary charges for similar (though not identical) misconduct. Although Respondent previously successfully complied with supervised alcohol monitoring conditions, when his probationary periods ended he reentered a cycle of alcohol abuse and criminal conduct. His efforts to minimize his past and present misconduct also hint at his indifference to his alcohol and anger issues and the combined effect of the two.

(Mike Frisch)