A Single False Phrase

A former Assistant Federal Public Defender in Colorado has been reprimanded in Illinois for stipulated misconduct

In November 2016, Respondent was appointed to represent Rocky Allen (“Allen”) before the Tenth Circuit Court of Appeals (“Tenth Circuit”) in relation to Allen’s appeal of his 2016 federal criminal conviction for tampering with a consumer product and obtaining a controlled substance by deceit or subterfuge. The matter was captioned United States v. Rocky Allen under case number 16-1450.

On April 26, 2017, while representing Allen, Respondent filed a motion in Allen’s matter before the Tenth Circuit entitled “Appellant’s Unopposed Motion for 14-Day Extension of Time to File Reply Brief.” In his motion, Respondent informed both the court and his opposing counsel at the U.S. Attorney’s Office for the District of Colorado that he had multiple matters scheduled for oral arguments, and needed additional time to prepare, and included the following information in his motion:

“I also have been working on the following cases with upcoming deadlines in this Court: United States v. Archuleta, No. 16-1297 (oral argument set for May 9, 2017); United States v. Ivory, No. 15-3238 (oral argument set for May 10, 2017); United States v. Olea-Monarez, No. 16-1330 (opening brief due May 15, 2017); United States v. Allen, No. 17-1083 (opening brief due June 5, 2017).”

In writing that another client’s matter in United States v. Ivory was set for oral argument on May 10, 2017, Respondent knowingly made a false statement to both the court and his opposing counsel as United States v. Ivory was not set for oral argument, which Respondent knew at the time he filed his motion.

Mitigation

 Respondent has not been previously disciplined by the Court, has acknowledged the wrongfulness of his conduct, and has expressed his sincere remorse. Respondent has been cooperative throughout both the Administrator’s investigation and this disciplinary proceeding. Although Respondent knowingly made the false statement in his pleading, his dishonesty was contained to a single phrase within the sentence, while the remaining statements regarding Respondent’s workload, in support of his motion, were accurate and truthful. Respondent’s false statement did not harm or provide any benefit to his client, nor did Respondent receive any personal benefit from it. Respondent’s false statement was brought to the court’s attention by Respondent’s supervisors within one day of its filing, and Respondent immediately withdrew from his representation of Allen and subsequently resigned from his employment with the Office of the Federal Public Defender. Respondent has previously volunteered with animal shelters in both Johnson County, Iowa, and Denver, Colorado, where he assisted by providing support for events, cleaning the facilities, and socializing with the animals.

(Mike Frisch)