Sex And Gender Bias

A six-month suspension with three months stayed and probation for a year has been imposed as a consent sanction by the Colorado Presiding Judge

On three occasions in summer 2020, McGarvey had consensual sexual relations with a client whom he had represented in four criminal matters since August 2019. Three of the matters had resolved in June 2020, including a driving under the influence (“DUI”) case that resulted in a period of probation for the client. But the fourth case was still pending when the sexual encounters occurred. McGarvey, who knew at the time of the encounters that he was violating the Rules of Professional Conduct, ended the sexual relationship with his client in August 2020.

In early 2021, the probation department in the client’s DUI case moved to revoke the client’s probation. McGarvey represented the client in the revocation matter. In texts that McGarvey and his client exchanged in February 2021, McGarvey referred to the judge presiding over the case using derogatory slurs that exhibited bias or prejudice on the basis of the judge’s gender.

(Mike Frisch)