Legally Qualified As Obscene
A Colorado attorney has been suspended for one year and one day, with six months to be served and six months and one day to be stayed upon the successful completion of a three-year period of probation, with conditions.
The Presiding Disciplinary Judge approved a conditional admission of misconduct for a criminal matter and
In 2015 and 2016, and again from 2018 through 2020, Bovino failed to make all of his child support payments. In 2016 and 2019, he misrepresented that he was in compliance with support orders on his attorney registration form. On Bovino’s attorney registration forms for 2018 and 2020, he misrepresented that he was not under any child support obligation.
Aspen Daily News reported on the criminal matter
A prominent Aspen attorney pleaded guilty to class 3 misdemeanor harassment in Pitkin County Court Tuesday, netting him a year of unsupervised probation and 20 hours of useful community service.
David Bovino admitted guilt to harassing a woman via text messages in April of 2019 that legally qualified as obscene. According to Colorado statute, “‘obscene’ means a patently offensive description of ultimate sexual acts or solicitation to commit ultimate sexual acts, whether or not said ultimate sexual acts are normal or perverted, actual or simulated, including masturbation, cunnilingus, fellatio, anilingus, or excretory functions.”
The content of Bovino’s texts were apparently so vivid that Judge Erin Fernandez-Ely suppressed the case documents out of concern for the victim.
Bovino established his Aspen firm in 2010, with a brief merger with Kasowitz Benson Torres LLP that lasted less than a year. In June, he sued his former partner firm, alleging wrongful termination and illegal retaliation.
Marc Kasowitz is perhaps best known for his role as President Trump’s personal lawyer through the investigation into alleged collusion with Russia, and Bovino alleges in his suit that Kasowitz lured him into a merger with promises of high net worth networks. Bovino, for his part, leaned into his own network — particularly his status within the Aspen chapter of Young Presidents Organization, which his suit describes as “an elite global network comprised of approximately 25,000 high-powered executives and entrepreneurs spread across 120 countries” — in his persuading of Kasowitz that he could bring an additional $3 million to $5 million in revenues via a merger.
In his criminal case Tuesday, Bovino was placed on a deferred judgment, meaning that so long as he completes the required community service hours and probation without further incident, the case will be dismissed and eligible to be sealed.
(Mike Frisch)