Texts

The Colorado Presiding Disciplinary Judge imposed reciprocal discipline for a sanction imposed in Missouri.

This reciprocal discipline case arose out of discipline imposed upon Swingle in Missouri. In
October 2022, a hearing panel in Missouri recommended that Swingle be suspended indefinitely
from the practice of law, with no leave to apply for reinstatement for three years. The sanction
was premised on Swingle’s failure to avoid personal conflicts of interest through his involvement
with and assistance to two separate interested individuals in cases in which he acted as a
criminal prosecutor; his failure to make prompt disclosures of his involvement with these
individuals; and the prejudice to the administration of justice caused by his improper conduct.

Missouri Lawyer reported on the original sanction

The Missouri Supreme Court has ordered a three-year suspension for a well-known prosecutor who exchanged inappropriate texts with women connected to two of his cases.

In a Dec. 20 order, the court found that H. Morley Swingle violated Missouri’s Rules of Professional Conduct. The suspension comes after both Swingle and the Office of Chief Disciplinary Counsel accepted the recommendation of the disciplinary hearing panel that reviewed the case earlier this year.

Swingle admitted to most of OCDC’s allegations in his formal answer in July. He didn’t immediately return a message seeking comment.

Swingle previously served as the elected prosecuting attorney of Cape Girardeau County from 1987 to 2012 and was then an assistant federal prosecutor in the U.S. Attorney’s Office for the Eastern District of Missouri. Swingle joined the Boone County Prosecutor’s Office in February 2020 and resigned as an assistant prosecutor in May 2021 after the texts came to light.

OCDC alleged that, while he was the prosecutor in a felony murder case, Swingle exchanged a series of texts with a young woman who had driven the vehicle to the scene and who eventually pleaded guilty to lesser charges in exchange for her cooperation. The information alleges Swingle and the woman exchanged photos and that he did her favors that included getting her phone released from evidence and providing references to potential employers or landlords.

Swingle was separately alleged to have used the dating app Tinder to connect with a woman who was also the girlfriend of a man murdered in Columbia while Swingle was prosecuting the alleged killer. According to OCDC, he gave the woman more than $500 worth of gifts and unsuccessfully invited her to his home.

OCDC said neither of the text exchanges were disclosed to defense counsel in the cases, which were later taken over by a special prosecutor.

(Mike Frisch)