People v. Larsen

808 P.2d 1265, 15 Brief Times Rptr. 504, 1991 Colo. LEXIS 217, 1991 WL 55373
CourtSupreme Court of Colorado
DecidedApril 15, 1991
Docket90SA256
StatusPublished
Cited by8 cases

This text of 808 P.2d 1265 (People v. Larsen) 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. Larsen, 808 P.2d 1265, 15 Brief Times Rptr. 504, 1991 Colo. LEXIS 217, 1991 WL 55373 (Colo. 1991).

Opinions

Justice MULLARKEY

delivered the Opinion of the Court.

The respondent in this attorney disciplinary proceeding, Roger Bruce Larsen, is the former district attorney of the Eleventh Judicial District in Fremont County, and this case involves misconduct which occurred while he held that office. The hearing panel of the Supreme Court Grievance Committee accepted the recommendation of the hearing board that the respondent be suspended from the practice of law for a year and a day and be assessed the cost of the proceeding. We rejected the committee’s recommended sanction and issued a rule to show cause why a more severe sanction, including disbarment, should not be imposed. After receiving and taking into consideration the responses of the respondent and the disciplinary counsel, we now order that the respondent be suspended for three years and pay the cost of these proceedings.

I

The respondent was admitted to the bar of this court on October 17, 1977, is registered as an attorney upon this court’s official records, and is subject to the disciplinary jurisdiction of this court and its grievance committee. C.R.C.P. 241.1(b).

The respondent and the deputy disciplinary counsel entered into a stipulation which was submitted to the hearing board. In addition, the respondent and his witnesses testified before the board at a hearing concerning mitigation of the charges admitted. The facts found by the hearing board are as follows.

The respondent married Deborah Larsen, whom he knew to be an occasional user of marihuana, sometime before he became the district attorney for the Eleventh Judicial District in 1985. His wife was a long-time friend of Susie Hess, who also used marihuana and whom the respondent hired as a receptionist after he became the district attorney. When he hired Hess, and afterward, the respondent knew that his wife and Hess continued to use marihuana although he was not involved in such drug [1266]*1266use. Larsen confronted his wife several times and tried unsuccessfully to convince her to stop using illegal drugs. The respondent did not attempt to enforce the criminal laws of Colorado against his wife or Hess.

On October 5, 1988, Hess asked the respondent to come to her house to discuss with her a personal financial problem. In the course of their conversation, Hess told the respondent that she had obtained some marihuana at his wife’s request. Larsen paid Hess $40.00 for less than one-half ounce of marihuana, and subsequently was arrested. The respondent testified that he purchased the marihuana to take it to his wife and confront her with her continuing problem. As the hearing board noted, this explanation is not credible.

In the stipulation, the respondent admitted that, on or about October 5, 1988, while he was district attorney, he possessed less than one ounce of marihuana, contrary to section 18-18-106(1), 8B C.R.S. (1986), a class 2 petty offense.

The respondent also admitted that in May 1987, while he was district attorney, he did not turn in or otherwise prosecute Hess, his employee, in order to obtain a benefit for himself or his wife, which was the possession of less than one ounce of marihuana, in violation of section 18-8-404(1), 8B C.R.S. (1986) (a class 2 misdemeanor).1 Finally, the respondent stipulated that in September and October 1988, while he was the district attorney, he did not turn in or otherwise prosecute Hess in order to obtain a benefit for himself or his wife, the possession of less than one ounce of marihuana, contrary to section 18-8-404(1). He was suspended as district attorney after his arrest and lost his position in the November 1988 general election.

On January 6, 1989, the respondent pled guilty to these three offenses, paid a $2,000 fine, spent ten days in the Fremont County jail, and more than satisfied the community service requirement of his sentence by performing paralegal work for Pikes Peak Legal Services in El Paso County. The respondent voluntarily withdrew from the practice of law sometime after his arrest although he apparently did accept some cases in 1989.

The respondent stipulated, and we agree, that his conduct violated DR 1-102(A)(5) (a lawyer shall not engage in conduct that is prejudicial to the administration of justice); and DR 1-102(A)(6) (a lawyer shall not engage in any conduct that adversely reflects on his fitness to practice law); as well as DR 1-102(A)(1) (a lawyer shall not violate a disciplinary rule); C.R.C.P. 241.-6(1) (a violation of a provision of Code of Professional Responsibility is grounds for discipline); and C.R.C.P. 241.6(5) (any act or omission which violates the criminal laws of any state or the United States constitutes grounds for discipline).

II

The hearing panel accepted the hearing board’s recommendation that the respondent be suspended from the practice of law for one year and one day. The grievance committee’s recommendation, however, is advisory only, and this court must determine the appropriate discipline. C.R.C.P. 241.15(c); People v. Flores, 772 P.2d 610, 614 (Colo.1989); People v. Brown, 726 P.2d 638, 640-41 (Colo.1986).

Generally, we find guidance in the American Bar Association’s Standards for Imposing Lawyer Sanctions (1986) (ABA Standards), which provides a theoretical framework for imposing sanctions in a disciplinary case based on (1) the ethical duty [1267]*1267violated, (2) the lawyer’s mental state, (3) the injury caused and (4) the existence of aggravating or mitigating factors. ABA Standard 3.0. We will consider each issue in turn.

The duties which the respondent violated are his duties to the general public. We expect all attorneys to comply with the law and our rules provide that commission of a crime is a ground for discipline. See C.R. C.P. 241.6(5). The respondent, however, owed a higher duty to the public because he was a governmental official holding the constitutionally created office of district attorney. Colo. Const, art. VI, § 13. He was entrusted with the responsibility for enforcing the criminal law in his district by prosecuting alleged offenders. Two of the three crimes to which the respondent pled guilty were first degree official misconduct and relate directly to his failure to fulfill his responsibilities as a public official.

With respect to the respondent’s state of mind, there can be no question that the respondent acted with knowledge of his wrongdoing and his guilty pleas reflect that fact. He also acted from a misguided intention to protect his wife and her friend. Deborah Larsen asserts that she resumed smoking marihuana in an effort to self medicate for depression following the birth of their daughter in 1986. She acknowledges that she rebuffed repeated requests from her husband that she cease using drugs. Finally, she informs us that, as of March 1991, she has received psychological counseling since her husband’s arrest and her drug use has ended. We agree with the grievance committee that the respondent had a continuing ethical duty to ensure that his wife and his employee did not engage in criminal activity or, alternatively, to resign his office.

The injury caused by the respondent’s misconduct is the undermining of public respect for the law and the fair, unbiased administration of the criminal justice system.

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People v. Larsen
808 P.2d 1265 (Supreme Court of Colorado, 1991)

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808 P.2d 1265, 15 Brief Times Rptr. 504, 1991 Colo. LEXIS 217, 1991 WL 55373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-larsen-colo-1991.