People v. Boyer

934 P.2d 1361, 1997 Colo. LEXIS 253, 1997 WL 142726
CourtSupreme Court of Colorado
DecidedMarch 31, 1997
Docket97SA27
StatusPublished
Cited by15 cases

This text of 934 P.2d 1361 (People v. Boyer) 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
People v. Boyer, 934 P.2d 1361, 1997 Colo. LEXIS 253, 1997 WL 142726 (Colo. 1997).

Opinions

Justice KOURLIS

delivered the Opinion of the Court.

This lawyer discipline proceeding comes to us on a stipulation, agreement and condition[1362]*1362al admission of misconduct between the respondent and the deputy disciplinary counsel. C.R.C.P. 241.18. The conditional admission recommends discipline in the range of a public censure to a suspension for 180 days, under certain conditions. An inquiry panel of the supreme court grievance committee approved the conditional admission with the recommendation of the suspension and conditions. We accept the conditional admission and the inquiry panel’s recommendation.

I.

The respondent was admitted to practice law in Colorado in 1985. The parties stipulated to the following facts and disciplinary violations.

A.

A woman retained the respondent in July 1990 to represent her in legal separation proceedings. The respondent filed a petition for a decree of legal separation on his client’s behalf on July 13, 1990. The client’s husband filed a counterclaim for a dissolution of marriage.

Soon after becoming the client’s lawyer, the respondent and his client began a social and personal relationship that developed into a sexual relationship in October of 1990 and continued during the respondent’s legal representation.

The respondent has admitted that his conduct violated DR 1-102(A)(6) (engaging in conduct that adversely reflects on the lawyer’s fitness to practice law), and DR 5-101(A) (representing a client when the lawyer’s judgment on behalf of the client would be affected by the lawyer’s own personal interests). See People v. Zeilinger, 814 P.2d 808, 809 (Colo.1991) (engaging in sexual relationship with marital dissolution client violated DR 1-102(A)(6) and DR 5-101(A)).

B.

On or about October 28, 1990, the respondent met another woman at a restaurant who had just been served with a dissolution of marriage action. The woman talked about her legal problems with the respondent. She believed that the respondent would represent her in the dissolution. The respondent and the woman then engaged in sexual intercourse.

The woman initially represented herself in the dissolution proceeding through November and December 1990. On January 8, 1991, however, she was arrested following an altercation with her husband. Shortly thereafter, the respondent entered his appearance in both the criminal case and the dissolution proceeding on the woman’s behalf.

Although he did not believe that he had undertaken representation of the woman when they engaged in intercourse, the respondent has admitted that the woman believed he had agreed to represent her. The respondent’s conduct therefore again violated DR 1-102(A)(6) and DR 5-101(A).

C.

The respondent has stipulated that he used cocaine occasionally during the years 1990 and 1991. At the same time, he developed a substantial alcohol dependency. The foregoing conduct violated DR 1-102(A)(3) (engaging in illegal conduct involving moral turpitude), and C.R.C.P. 241.6(5) (violating the criminal laws of a state or of the United States constitutes grounds for lawyer discipline).

D.

On May 9, 1992, the respondent had been drinking and boating at a lake. At about 5:00 p.m., the respondent and his wife, along with two friends, began driving home in the respondent’s vehicle. The vehicle, which the respondent was driving, went into a ditch near Loveland. A witness to the accident helped the respondent out of the driver’s seat. The respondent had a severe laceration on his lip and a concussion. The respondent then told his wife, who had exited from behind the driver’s seat, “Remember, you were driving.”

The respondent also initially told a police officer investigating the accident that his wife had been driving. The witness who helped the respondent from the vehicle after the accident told the officer that the respondent [1363]*1363had been behind the wheel. The respondent then admitted to a police sergeant at the scene that he had been driving. The respondent submitted to a blood test which revealed his blood alcohol level to have been 0.146%. No one other than the respondent was injured in the accident, and the police sergeant described the respondent’s behavior as “extremely cooperative.”

Consequently, on August 18, 1992, the respondent pleaded guilty to driving under the influence of alcohol and received a deferred judgment and sentence. The respondent admitted that the above conduct violated DR 1-102(A)(6) (conduct adversely reflecting on fitness to practice), and C.R.C.P. 241.6(5) (violation of the criminal laws of a state or of the United States).1 See People v. Fahselt, 807 P.2d 586, 587 (Colo.1991) (convictions for vehicular assault, driving under the influence of intoxicating liquor, failing to maintain liability insurance, and reckless driving, violate DR 1-102(A)(6) and C.R.C.P. 241.6(5)).

II.

The inquiry panel approved the conditional admission,2 and recommended that the respondent be suspended for 180 days together with additional conditions to monitor the respondent’s abstinence from alcohol and drug use. We agree with the inquiry panel.

This is a difficult case in which to uphold our role of enforcing standards of attorney conduct while still giving due regard to individual mitigating circumstances. Our acceptance of the conditional admission and adoption of a suspension for 180 days hinges upon the evidence in the record of respondent’s mental disability and chemical dependency as causative factors in his misconduct, which factors have been addressed through recovery such that recurrence of the misconduct is unlikely. Absent such mitigation, the conduct would certainly warrant more severe discipline.

Although the deputy disciplinary counsel states that “there is no evidence of harm to either” of the two women clients who consented to intercourse, we have clearly held in the past and here reaffirm that a sexual relationship between lawyer and client during the course of the professional relationship is inherently and insidiously harmful. The relationship can undermine the lawyer’s professional integrity and judgment and dishonor the client’s trust. See People v. Good, 893 P.2d 101, 103 (Colo.1995).

Additionally, the respondent’s admitted use of cocaine warrants a suspension for some period of time:

The commission of serious offenses involving the use or possession of illegal drugs by an attorney warrants a substantial disciplinary sanction. People v. Davis, 768 P.2d 1227, 1229-30 (Colo.1989). In such cases we have generally applied Standard 5.12 of the American Bar Association’s Standards for Imposing Lawyer Sanctions (1991 & 1992 Supp.) (ABA Standards ). People v. Moore, 849 P.2d 40, 43 (Colo.1993).

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People v. Boyer
934 P.2d 1361 (Supreme Court of Colorado, 1997)

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934 P.2d 1361, 1997 Colo. LEXIS 253, 1997 WL 142726, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-boyer-colo-1997.