Boyle v. People

94 P.3d 644, 2004 Colo. Discipl. LEXIS 33, 2004 WL 1616253
CourtSupreme Court of Colorado
DecidedJune 16, 2004
DocketNo. 02PDJ067
StatusPublished

This text of 94 P.3d 644 (Boyle v. People) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boyle v. People, 94 P.3d 644, 2004 Colo. Discipl. LEXIS 33, 2004 WL 1616253 (Colo. 2004).

Opinion

OPINION AND ORDER OF REINSTATEMENT

ATTORNEY REINSTATED TO THE PRACTICE OF LAW

On May 12, 2004, the second part of a Reinstatement Hearing was held pursuant to C.R.C.P. 251.29 before a Hearing Board consisting of the Presiding Disciplinary Judge, William R. Lucero, and two hearing panel members, William R. Gray and Kathleen M. O’Brien, both members of the bar. Alexander R. Rothrock and F.J. “Rick” Dindinger, II appeared on behalf of the Petitioner, Daniel Falk Boyle (“Boyle”). James S. Sudler, Assistant Attorney Regulation Counsel, appeared on behalf of the People of the State of Colorado (the “People”).

The parties conducted the first part of the Reinstatement Hearing on January 28, 2003. At that point, F. Michael Ludwig represented Boyle and Debora D. Jones represented the People. The first Hearing Board was [645]*645composed of William R. Gray, acting as the Presiding Officer; Kathleen O’Brien, and Russell Murray III. The following individuals testified on behalf of Boyle: A. Edgar Benton, Ken Eichner, and Robert Pele, Ph.D. Boyle also testified on his own behalf. Boyle’s Supplemental Exhibits 1 through 4 were admitted into evidence.

Prior to the second part of the Reinstatement Hearing on May 12, 2004, the Hearing Board reviewed the transcript of the first hearing. In a Notice and Order dated March 9, 2004, the PDJ notified the Parties that he would serve as presiding officer for the second part of the hearing along with William Gray, the presiding officer at the earlier hearing, and Ms. O’Brien, who also served on the January 2003 Hearing Board. The Parties did not object to proceeding in this fashion. The PDJ ordered the Parties to file a brief to assist the board members at the May 2004 hearing.

The Hearing Board considered the testimony, admitted exhibits, and the Joint Trial Brief dated January 22, 2003. The Hearing Board also evaluated the credibility of the witnesses; including the credibility of Respondent Boyle, and ultimately decided in favor of granting Boyle’s Petition for Reinstatement. In reaching this decision, the Hearing Board made the following findings of fact, which were established by clear and convincing evidence.

I. FINDINGS

Daniel F. Boyle took the oath of admission and was admitted to the bar of the State of Colorado on May 17,1976. Following a Stipulation, Agreement, and Conditional Admission of Misconduct filed on June 19,1997, the Supreme Court of Colorado suspended Mr. Boyle for a two-year period on August 4, 1997. People v. Boyle, 942 P.2d 1199 (Colo. 1997).

Prior to his suspension, Boyle’s practice emphasized immigration law. He enjoyed moderate success and a growing clientele. In the late 1980s and early 1990s, Boyle admittedly began to engage in certain misconduct in the labor certification process segment of his immigration practice. This misconduct, described in more detail below, included dishonesty, fraud, deceit, and misrepresentation. Boyle testified that the factors contributing to his misconduct included the following:

• He valued money more than his own integrity.
• He lived by the mistaken and misguided belief that the ends justify the means.
• He rationalized his actions to the point of suppressing his own cognitive understanding that the actions were wrongful, though his actions were clearly unethical. (Supplemental Exhibit 4, pp. 26-27.)

In 1989, Boyle failed to adequately prepare for an asylum petition. As a result, the immigration judge denied asylum to his client, Mohammad Rachid.

In December 1991, Boyle instructed his clients, Trevor and Valerie Sewell, to enter the country on a B-l visitor’s visa even though Boyle knew that Mr. Sewell intended to obtain employment in the U.S. and was not, therefore, eligible for a B-l visa. In 1997, Boyle pleaded guilty to a misdemeanor offense under 8 U.S.C. § 1325(a) and 18 U.S.C. § 2 stemming from this conduct. At the Reinstatement Hearing, Boyle acknowledged that his instructions to the Sewells were improper and fraudulent, not mere exaggeration or posturing. Mr. Boyle also indicated his commitment to follow the rule of the law in the future even if he might personally disagree with such laws.

In June 1992, Boyle falsified a labor certification on behalf of one of his clients, Dalia Vardy. Specifically, Boyle indicated on the form that Ms. Vardy had been employed for one year when he. knew she had only performed three months of volunteer services. At the Reinstatement Hearing, Boyle demonstrated his recognition of the seriousness of this false and misleading statement, as well as the other unethical conduct that led to his suspension.

In November 1992, Boyle again falsified a labor certification application on behalf of another client, Ademar Shoji. Boyle stated on the application that Mr. Shoji’s visa had expired even though Boyle knew that his client never had a visa. In addition, Boyle [646]*646represented in the application that a certain employment position existed when it did not. At the Reinstatement Hearing, Boyle testified convincingly that he would not engage in such behavior in the future.

In June 1995, Boyle incompetently represented a Kosovar Albanian, Xheladin Kryez-iu, at an asylum hearing. As a result, the INS returned Mr. Kryeziu to Albania.

Since his suspension, Boyle has been involved in several charitable and community service activities. He has been actively involved with his children’s academic and sports activities, served as a Cub Scout leader, and volunteered at his children’s schools. He and his family also volunteer in charitable activities through them church.

Boyle was candid and open in discussing the character flaws that led to his suspension. He demonstrated an appreciation for the wrongfulness of his conduct and accepted responsibility for his actions. He also expressed remorse for the harm he caused his clients and the legal profession, as well as the pain he caused his wife and family.

Boyle’s treating psychologist, Robert E. Pele, testified about his thirty-three therapy sessions with Boyle. Dr. Pele testified that, during his treatment of Mr. Boyle, they focused at length on the precise conduct that led to Boyle’s suspension, as well as on character traits and circumstances contributing to that conduct. Dr. Pele also testified that, as a result of that therapy and insight, coupled with Mr. Boyle’s great motivation to avoid even the appearance of impropriety because of the importance he attaches to being a good role model for his children, who were born after the events leading to this suspension, Boyle has developed an understanding and appreciation of these causes and has accepted full responsibility for his unethical behavior. Dr. Pele also testified that, while he cannot guarantee Boyle’s future behavior, it is his professional opinion that Boyle will refrain in the future from conduct involving any unethical conduct.

II. ANALYSIS UNDER C.R.C.P. 251.29(b)

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Related

People v. Klein
756 P.2d 1013 (Supreme Court of Colorado, 1988)
People v. Boyle
942 P.2d 1199 (Supreme Court of Colorado, 1997)

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Bluebook (online)
94 P.3d 644, 2004 Colo. Discipl. LEXIS 33, 2004 WL 1616253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boyle-v-people-colo-2004.