Reinstated With Congratulations

A Colorado attorney has been reinstated by a hearing board

Richard A. “Alex” Howieson (“Petitioner”) seeks reinstatement after his law license was suspended for eighteen months beginning in 2021. The suspension was premised on Petitioner’s guilty plea to a class-six felony of obscenity for sending messages and a sexually explicit photograph of himself via cell phone and messaging apps to a detective posing as a fourteen-year-old girl. Petitioner has proved by clear and convincing evidence that he has been rehabilitated from his misconduct and should be reinstated to the practice of law in Colorado.

A convincing showing

At the close of evidence, the People withdrew their opposition to Petitioner’s petition, asserting that they could no longer argue in good faith that Petitioner lacked strong evidence of rehabilitation. Rather than stipulating to Petitioner’s reinstatement, however, the People deferred to the Hearing Board to determine whether Petitioner showed clear and convincing evidence that he should be reinstated to the practice of law in Colorado.

Reason for suspension

In January 2021, Petitioner pleaded guilty in Jefferson County District Court to a class-six felony of obscenity – promotion to a minor.  His conviction stemmed from his exchange of messages with a Jefferson County detective posing as a fourteen-year-old girl via cell phone and the messaging apps Kik and Whisper. During those exchanges, Petitioner sent a sexually explicit photograph of himself and agreed to meet his interlocutor the same day. Petitioner drove to the intended meeting place, where he was surrounded by Jefferson County Sheriff’s squad cars. He was later arrested and charged with internet exploitation of a child. That count was dismissed when Petitioner pleaded guilty to obscenity – promotion to a minor. Petitioner’s law firm terminated his employment about this time.

Underlying issue

Though we are troubled by Petitioner’s inability to articulate a motive for his behavior other than boredom and curiosity, his testimony did not strike us as evasive or insincere. Indeed, Petitioner’s account is consistent with his description of his impulsivity, arrogance, and lack of respect for the law at the time of his misconduct. His account also comports with Weathers’s opinion correlating Petitioner’s alcohol abuse to his compromised boundaries and impaired judgment.

The evidence of rehabilitation is set forth at length

We congratulate Petitioner on his sober journey and wish him continued success and health. More importantly, we welcome Petitioner back into the fold of active lawyers. We do so while encouraging Petitioner to stay engaged with his professional and personal support systems and to continue using the tools he credits for his rehabilitation.

(Mike Frisch)