People v. Hill

439 P.3d 1244
CourtSupreme Court of Colorado
DecidedMarch 15, 2019
DocketCase Number: 18PDJ046
StatusPublished

This text of 439 P.3d 1244 (People v. Hill) 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. Hill, 439 P.3d 1244 (Colo. 2019).

Opinion

WILLIAM R. LUCERO PRESIDING DISCIPLINARY JUDGE

In 2017, Lawrence R. Hill ("Respondent") went to a bar with his wife, where they consumed alcohol and argued in the parking lot. Upon returning home, Respondent verbally threatened his wife while brandishing a baseball bat. He pleaded guilty to menacing, a class-three misdemeanor. Respondent's violation of Colo. RPC 8.4(b) and C.R.C.P. 251.5(b) warrants a suspension of one year and one day, all but six months stayed upon the completion of a three-year period of probation with conditions.

I. PROCEDURAL HISTORY

On July 18, 2018, Justin P. Moore, Office of Attorney Regulation Counsel ("the People"), filed a complaint with William R. Lucero, the Presiding Disciplinary Judge ("the PDJ"), alleging that Respondent violated Colo. RPC 8.4(b) and C.R.C.P. 251.5(b). Through his counsel, Troy R. Rackham, Respondent answered on August 20, 2018, after receiving an extension of time. On November 21, 2018, the parties stipulated to judgment on the pleadings as to Respondent's violation of Colo. RPC 8.4(b) and C.R.C.P. 251.5(b).

At the hearing on January 17, 2019, the PDJ, along with lawyers Jennifer H. Hunt and Peter B. Goldstein, served on the Hearing Board. Moore represented the People, and Rackham appeared with Respondent. The Hearing Board heard testimony from Respondent, expert witness Chad Emrick, Ph.D., Jefferson County Deputy Cody Erickson, and Susan Hill. The Hearing Board considered stipulated exhibits S1-S16.

II. FACTS AND RULE VIOLATIONS

Respondent took the oath of admission and was admitted to practice law in Colorado on May 26, 1988, under attorney registration number 17447. He is thus subject to the jurisdiction of the Colorado Supreme Court and the Hearing Board in this disciplinary proceeding.1

Facts and Rule Violations Established by the Entry of Judgment on the Pleadings

During the evening of April 28, 2017, Respondent and his wife, Susan Hill, went to *1246the Mirage, a bar in Littleton. After consuming alcohol, Respondent and Ms. Hill argued outside the bar. The argument became physical. Ms. Hill drove home and left Respondent at the bar. Respondent walked home. When he arrived, Respondent found a baseball bat, walked up the stairs, and entered Ms. Hill's bedroom. While there, Respondent verbally threatened Ms. Hill and brandished the bat in a threatening manner.

The police were called, and Respondent was arrested. He was charged in Jefferson County case number 15CR1566 with menacing, a class-five felony. On October 10, 2017, Respondent pleaded guilty to menacing, a class-three misdemeanor. His conduct and guilty plea involved an underlying factual basis of domestic violence.

Respondent's conduct violated Colo. RPC 8.4(b), which proscribes criminal acts that reflect adversely upon a lawyer's honesty, trustworthiness, or fitness as a lawyer, as well as C.R.C.P. 251.5(b), which provides that any criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer constitutes grounds for discipline.

Evidence at the Disciplinary Hearing2

Respondent and his wife have been married for twenty-four years.3 Respondent testified that in 2017 he was a solo practitioner practicing bankruptcy and family law. He said that he has always struggled financially as a lawyer, and his income dropped significantly in 2015 and 2016 because the U.S. economy was doing well and bankruptcy filings decreased. To make ends meet, Respondent took on various odd jobs, such as serving as a courier for FedEx and driving for Uber.

In 2016, Respondent testified, he and his wife were $12,000.00 to $14,000.00 behind on their mortgage payments, and his mortgage company initiated foreclosure proceedings on the family home, setting the sale date in June 2017. The couple considered filing for bankruptcy or taking out a high-interest loan, but neither solution was "workable," he said.

According to Respondent, by April 2017 he felt "agitated," "nervous," and "emotionally distraught" about his financial situation and the impending foreclosure. Ms. Hill testified that during this time they experienced "tremendous" financial stress, which affected them daily.

Also during this period, Respondent said, his twenty-year-old son was facing criminal charges, he and Ms. Hill were experiencing marital problems, and he was working hard to secure full-time employment with little success. To cope with these "extraordinarily stressful" circumstances, Respondent said, he self-medicated with alcohol.

Respondent testified that on the evening of April 28, 2017, he and Ms. Hill decided to go to the Mirage bar to play pool and have some drinks. They both consumed alcohol at the bar.4 Respondent said that he had three drinks and then wanted to go home because he was feeling tired and distraught, thinking about the foreclosure. He testified that Ms. Hill wanted to stay at the bar, but he convinced her to leave. The couple agreed that Ms. Hill would pay the bar tab while Respondent went to the restroom. They were then to meet by the front bar before leaving. When Respondent did not find Ms. Hill, he was "steamed." Respondent testified that he thought Ms. Hill was socializing instead of paying the tab. Looking back, however, he realizes that his reaction was "emotionally misguided" and that it was "stupid" to have gotten so upset over something so "minimal."

According to Respondent, once in the car, the couple began an argument5 that devolved into "flapping hands" and "finger pointing." Ms. Hill told him to get out of the car and walk home so he could "cool off." It was snowing, windy, and very cold, Respondent recalled, and he was wearing a thin jacket. Respondent's walk took between *1247twenty-five and forty minutes.6 He remembered feeling drunk, agitated, and depressed during the walk; his emotions were "boiling." When he arrived home, he was tired, cold, and angry.7

Ms. Hill recounted that Respondent wanted to leave the Mirage and that he became upset when she did not quickly pay the tab. She did not remember Respondent being agitated before going to the bar but said that he becomes more agitated when he drinks. She said that Respondent started yelling at her in the bar and continued to do so in the parking lot. According to Ms. Hill, she thought that Respondent had hit her face in the car, but he might have just been pushing her out the door. His hand did contact her nose, she said, and it was painful. She told him to get out of the car and walk home, hoping that he would "cool off." When she arrived home, she got into her pajamas and went to her bedroom. She said that no one else was home.

Respondent testified that when he arrived home he wanted to "make a statement" to his wife, so he went into the garage and retrieved a children's aluminum baseball bat.8 He took the bat into Ms. Hill's bedroom.9 He said that he held the bat with both of his hands. He then shook the bat at Ms.

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Cite This Page — Counsel Stack

Bluebook (online)
439 P.3d 1244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hill-colo-2019.