Reciprocal Suspension In Colorado For Missouri Sanction

Colorado has imposed reciprocal discipline for sanctions ordered in Missouri

The Presiding Disciplinary Judge approved a conditional admission of misconduct and imposed reciprocal discipline, suspending Katherine Dierdorf Mester (attorney registration number 49286) from the practice of law in Colorado for three years, effective November 20, 2019. Dierdorf Mester must petition for reinstatement and show by clear and convincing evidence that she has been rehabilitated, has complied with disciplinary orders and rules, is fit to practice law, and has been reinstated in Missouri.

This reciprocal discipline case arose out of discipline imposed by the Supreme Court of Missouri on August 29, 2019, indefinitely suspending Dierdorf Mester from the practice of law, with no leave to apply for reinstatement for three years. Dierdorf Mester was disciplined for multiple violations of the rules of professional conduct based on her dishonesty about and concealment of a brutal assault of a suspect in custody by a police detective and the charges resulting therefrom filed by her friend and co-assistant circuit attorney for the city of St. Louis.

Her colleague had filed false charges of fleeing after a police officer had severely beaten a suspect in the theft of his daughter’s credit card.

Notably the Missouri case involved (in part) a failure to report to superiors pursuant to Rule 1.13

Here, Ms. Dierdorf – a lawyer for OCA – knew another assistant circuit attorney – Ms. Worrell – had violated the law by filing false charges against a suspect to cover up a police officer’s brutal assault of the suspect. The failure to report such conduct was a violation of Ms. Dierdorf’s legal obligation to the circuit attorney’s organization and could have resulted in a civil rights violation or lawsuit against OCA. Accordingly, it was reasonably necessary in the best interest of OCA that Ms. Dierdorf report Ms. Worrell’s conduct.

Instead, Ms. Dierdorf chose to conceal her knowledge of Det. Carroll’s misconduct and Ms. Worrell’s filing of a false charge by lying to her supervisors, IAD, and the FBI. Ms. Dierdorf’s statements to her supervisors and IAD gave the impression that both she and Ms. Worrell did not know about the assault until after charges were filed against the suspect. She further instructed another attorney, Ms. Schuessler, not to give any information to her supervisors. Ms. Dierdorf then lied again during her first FBI interview
regarding when she initially learned about the assault carried out by Det. Carroll. It was not until her second FBI interview – over a month after the incidents occurred – that Ms. Dierdorf finally admitted Ms. Worrell had told her about the assault on Wednesday prior to the filing of the charges.

As AUSA Goldsmith testified, Ms. Dierdorf “time shifted” to protect both herself and Ms. Worrell by making it appear they did not know about the assault until after Ms. Worrell filed charges. Furthermore, Ms. Dierdorf’s lies and omissions interfered with and prolonged the FBI’s investigation of Ms. Worrell. The record, therefore, reflects, by a preponderance of the evidence, that Ms. Dierdorf violated Rule 4-1.13 when she failed to report Ms. Worrell’s misconduct.

The Denver Post reported

An attorney whose law license was suspended last week by the Missouri Supreme Court has resigned from the Denver public defender’s office.

Katherine Anne “Katie” Dierdorf, also known as Katherine Mester, resigned from the Denver office and her last day was August 14, Diane Vertovec, a marketing and communications director with the city, said.

Dierdorf had worked for the public defender’s office since February 2016.

On Aug. 13 her law license was suspended in Missouri in connection to “covering up a police beating of a handcuffed suspect in 2014,” according to the St. Louis Post-Dispatch.

The court’s ruling cited “the severity of Ms. Dierdorf’s misconduct as a result of her dishonesty and instruction of others to conceal information about the incident,” the Post-Dispatch reported.

Denver officials, in an email, said they had “no knowledge of the matter involving Katherine Mester in Missouri.”

(Mike Frisch)