People v. Buckles

673 P.2d 1008, 1984 Colo. LEXIS 463
CourtSupreme Court of Colorado
DecidedJanuary 9, 1984
Docket82SA596, 83SA312
StatusPublished
Cited by8 cases

This text of 673 P.2d 1008 (People v. Buckles) 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. Buckles, 673 P.2d 1008, 1984 Colo. LEXIS 463 (Colo. 1984).

Opinion

ERICKSON, Chief Justice.

The Grievance Committee of the Supreme Court has reviewed a long series of complaints arising out of the misappropriation of funds by the respondent. We have consolidated two proceedings before the Grievance Committee for the purpose of this opinion. 1 Disbarment is the sanction recommended in both cases. We approve the recommendation of disbarment. The respondent’s conduct, which was the subject of the complaint in No. 83SA312, was also the basis for three separate charges of theft. The respondent pled guilty to the criminal charges. He denied responsibility for the same acts in the disciplinary proceeding. This chapter in our disciplinary history requires imposition of the severe sanction of disbarment to protect the public.

Raymond Douglas Buckles was admitted as a member of the bar of this court in 1950. He was disbarred on September 14, 1959 for criminal conduct which caused him to serve a term in the Colorado State Penitentiary. See People ex rel. Colorado Bar Association v. Buckles, 140 Colo. 261, 343 P.2d 1046 (1959).

After his release from the penitentiary and completion of some public service, he petitioned for reinstatement and on February 13,1975, was again granted the right to practice law. His conduct as a lawyer since his reinstatement is all but identical to the conduct which resulted in his earlier disbarment and conviction. 2 He has, in the course of his latest criminal escapades, proved his total unworthiness to hold a position of trust. It is therefore ordered that the respondent be disbarred and that he be ordered to make restitution to his former clients in accordance with the directions in this opinion.

I. Proceeding 82SA596

A. Estilla Carlisle

Sometime prior to August 1979, respondent agreed to represent Estilla Car-lisle on a number of criminal charges. 3 In January 1980, the district attorney’s office *1010 in Wausau, Wisconsin agreed to accept a no contest plea to three misdemeanor charges conditioned upon Estilla Carlisle’s paying a fine of $3,750. The plea agreement was accepted by Estilla Carlisle and $3,750 was paid to respondent Buckles to satisfy the plea agreement and for submission to the Wisconsin authorities. Buckles deposited the funds in his own account and sent his personal check with the inscription “full payment for restitution, court costs and attorney’s fees on Estilla Carlisle.” Because the check was a personal check, the bank on which the check was drawn was called and it was determined that the funds in the respondent’s account were insufficient to pay the check. Respondent was notified that the check was short and a request was made that he submit certified funds. Respondent did not respond to the request. The case was dismissed with prejudice for reasons not relevant to our inquiry, but was later reinstated by the court.

Estilla Carlisle has demanded that the funds be returned to her or forwarded to the proper authorities in Wisconsin; the respondent has not replied to the demand. The respondent’s conduct violates Rule 241.-6, C.R.C.P. 4 and the Code of Professional Responsibility, DR 1-102(A)(4), 5 DR 1-102(A)(6), 6 DR 7-101(A)(2), 7 DR 7-101(A)(3), 8 and DR 9-102(B)(4). 9

B. Michael Johnson

Michael Johnson was confined in the Arapahoe County jail under charges of felony menacing and theft. The respondent agreed to represent him upon the payment of a $250 retainer. The $250 was paid to the respondent but he did not enter an appearance on behalf of Michael Johnson and has refused to return the funds or to respond to the complaint made by the Grievance Committee.

Respondent’s conduct violates Rule 241.6, C.R.C.P. and the Code of Professional Responsibility, DR 1-102(A)(4), DR 1-102(A)(6), DR 7 — 101(A)(2), DR 7-101(A)(8), and DR 9-102(B)(4).

II. Proceeding 83SA312

The following criminal episodes provided the basis for a disciplinary complaint which was held in abeyance at the respondent’s request until the criminal charges could be prosecuted. 10 The respondent entered a series of guilty pleas to the charges. He has refused to cooperate with the Grievance Committee in its investigation and did not answer the disciplinary complaint. A default was entered.

A. Raul and Nelsi LaBorda

In March, 1976, Raul and Nelsi La-Borda retained respondent to represent them in a matter arising out of injuries sustained in a four-car accident which occurred on July 14, 1975. Respondent and the LaBordas executed a contingent fee agreement whereby respondent would receive 30% of any recovery if the matter *1011 settled prior to trial and 35% of any recovery if the matter went to trial.

On November 12,1980, defendant’s insurer, “Maryland Casualty,” issued a settlement draft in the amount of $20,000 payable to Raul and Nelsi LaBorda and respondent. The LaBordas told respondent that they were not interested in settling the matter for $20,000 and instructed him to return the check. Respondent negotiated the check and misappropriated the funds.

After several continuances, a trial date, according to the respondent, was set for October 21, 1981. On October 20, 1981, Raul LaBorda informed respondent that he would only accept $70,000 in settlement. On the morning of October 21,1981, respondent called the LaBordas and informed them that the “insurance company” had agreed to the $70,000 settlement and that the money would be forthcoming in three to four weeks.

On December 18,1981, Raul LaBorda met with respondent at a local restaurant. Respondent told LaBorda that the “insurance company” would be delivering a check for $1,400 which would represent 12% interest for two months on the $70,000 settlement. Respondent also stated that they would receive an additional $700 as an interest payment for January, 1982. Near the end of January 1982, respondent delivered to the LaBordas a cashier’s check for $1,400 which had been purchased by T.J. Dunn as the purported interest from the “Aetna Corporation.” On February 5, 1982, Raul LaBor-da was advised by the respondent that the $70,000, plus $700 interest due for January 1982, would be forthcoming but that there were some problems with the paperwork.

On February 17, 1982, the LaBordas still had not received the $70,000 sum.

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673 P.2d 1008, 1984 Colo. LEXIS 463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-buckles-colo-1984.