An Equitable Censure

An attorney who had previously been suspended for six months fully stayed with probation has been publicly censured for misconduct in two matters by the Colorado Presiding Disciplinary Judge

The parties’ alternative argument for public censure is better grounded legally and equitably. The parties argue that if the People had been aware of Respondent’s misconduct in the A.C. and M.W. matters during their investigation in case number 23PDJ057, the misconduct here would have been included in a global resolution. They argue that the probationary conditions in that case adequately address the misconduct at issue here. And they stress that public censure both protects the public by putting it on notice of this misconduct and avoids imposing needless additional conditions that serve no regulatory objective.

In reviewing case number 23PDJ057 as well as the stipulated facts here, the Court agrees with the parties that it would likely have approved the stipulation in case number 23PDJ057 with similar terms even if these two matters were included. The Court also agrees with the parties that an additional period of suspension or supplemental probation requirements would serve no practical purpose in this circumstance. And the Court agrees that public censure puts the public on notice of Respondent’s misconduct. In short, the parties’ equitable resolution satisfies the interests of justice.

(Mike Frisch)