People v. Mullison

829 P.2d 382, 16 Brief Times Rptr. 743, 1992 Colo. LEXIS 381, 1992 WL 83056
CourtSupreme Court of Colorado
DecidedApril 27, 1992
DocketNo. 92SA25
StatusPublished
Cited by1 cases

This text of 829 P.2d 382 (People v. Mullison) 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. Mullison, 829 P.2d 382, 16 Brief Times Rptr. 743, 1992 Colo. LEXIS 381, 1992 WL 83056 (Colo. 1992).

Opinion

PER CURIAM.

In this attorney disciplinary proceeding, a hearing panel of the Supreme Court Grievance Committee recommended that the respondent be disbarred, ordered to pay restitution, and assessed the costs of the proceedings. We accept the panel’s recommendation.

I.

The respondent was admitted to the bar of this court on November 1, 1985, is registered as an attorney upon this court’s official records, and is subject to the jurisdiction of this court and its grievance committee in these proceedings. C.R.C.P. 241.-1(b). On October 26, 1989, we suspended the respondent from the practice of law during the pendency of these proceedings. C.R.C.P. 241.8.

The respondent and the assistant disciplinary counsel submitted an unconditional stipulation of facts to the hearing board. Neither the facts nor the specific violations of the Code of Professional Responsibility were in dispute. The hearing before the board was therefore limited to the appropriate discipline for the stipulated misconduct. On the day of the hearing, the respondent’s attorney filed a waiver of right to appear and present evidence in mitigation, and the respondent did not appear at the hearing. After the hearing had been held, the respondent submitted an unverified “letter of mitigation.” The letter of mitigation was not admitted into evidence, however, because the board found that it contained hearsay.1 Based upon the stipulation, the board found that the following facts were established by clear and convincing evidence.

On January 11, 1989, the respondent pleaded guilty in the State of Washington to attempted theft in the second degree, a misdemeanor, for directing a legal aid [383]*383client to pay him $1,000 and converting the money to his own use. Attempted theft is a “serious crime” as defined under C.R.C.P. 241.16(e)(2).

The respondent accepted $234 for fees and costs from his client, Kathy Rush, to file a petition for dissolution of marriage on her behalf. The respondent converted the fees and costs to his own use and never filed the petition. When Rush requested a copy of her divorce decree, the respondent forged what purported to be a copy of the decree. In 1989 or 1990, the respondent pleaded guilty in Boulder County District Court to second degree forgery, a class four felony, a “serious crime” under C.R.C.P. 241.16(e).

In May 1989, the respondent was retained by George H. Murphy to file a personal bankruptcy on Murphy’s behalf. Murphy paid the respondent $340 for attorney’s fees and filing costs. The respondent never filed the bankruptcy petition, although he told Murphy’s spouse that the petition had been filed and that a court date in August 1989 had been obtained. In August, the respondent falsely told Murphy that the court date was in September 1989. In September, the respondent told Murphy the court date was set for October 1989. In 1989, the respondent pleaded guilty to felony theft, a “serious crime” under C.R.C.P. 241.16(e), for taking Murphy’s money and failing to perform the agreed-upon legal services.

The hearing board also found, pursuant to the parties’ stipulation, that in eleven separate instances in 1989 the respondent failed to perform legal services while accepting and retaining payment for those services:

a. In May 1989, Respondent accepted $234.00 in fees and costs to file a dissolution of marriage. Respondent failed to file a divorce petition, failed to refund the fee and converted the cost money to his own use. (Count II—Kathy Rush).
b. In May 1989, Respondent accepted $340.00 to file a personal bankruptcy action. Respondent failed to file the action, failed to refund any of the fee, and converted the cost money to his own use. (Count III—Sandra Wing).
c. In February 1989, Respondent accepted $290.00 in fees and costs to file a joint bankruptcy. Respondent failed to file the action, failed to refund any of the fee, and converted the cost money to his own use. (Count IV—D.M. Pierce).
d. In August 1989, Respondent accepted $334.00 in fees and costs to file a dissolution of marriage. Respondent failed to file a divorce petition, failed to refund any of the fee and converted the cost money to his own use. (Count V— Susette Beck).
e. In May 1989 Respondent accepted $284.00 in fees and costs to file a dissolution of marriage. Respondent failed to file a divorce petition, and failed to proceed with service of the petition. Respondent failed to refund any of the fee and converted the cost money to his own use. (Count VI—Jack D. Srader).
f. In September 1989 Respondent accepted $50.00 to provide complainant’s former husband’s employer with a notice of activation of wage assignment. Respondent failed to file the wage assignment and failed to return the $50.00. (Count VII—Cynthia A. Richardson).
g. In May 1989, Respondent accepted $340.00 to file a personal bankruptcy action. Respondent failed to file the bankruptcy, failed to refund the fee, and converted the cost money to his own use. (Count VIII—George H. Murphy).
h. In August 1989, Respondent accepted $280.00 in fees and costs to file a paternity and child-support action. Respondent failed to file the action, failed to return the fee, and converted the money to his own use. (Count IX—Julie Frodin).
i. In or about August 1989 Respondent accepted $346.00 in fees and costs to file a personal bankruptcy action. Respondent failed to file the action, failed to refund any of the fee, and converted the cost money to his own use. (Count X—Debbie J. Krueger).
j. In April 1989 Respondent accepted $340.00 in fees and costs to file a person[384]*384al bankruptcy. Respondent failed to file the bankruptcy petition, failed to refund any of the fee, and converted the cost money to his own use. (Count XI—Robert D. Hedges).
k. In June 1989, Respondent accepted $284.00 in fees and costs to file a dissolution of marriage. Respondent failed to file the divorce petition, failed to refund any of the fee, and converted the cost money to his own use. (Count XII— Allen E. Wagner).

Findings of Fact and Recommendations of the Hearing Board at 3-5. The respondent stipulated that he used and was addicted to cocaine during the time period relevant to these proceedings.

II.

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Related

Mullison v. People
61 P.3d 504 (Supreme Court of Colorado, 2002)

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Bluebook (online)
829 P.2d 382, 16 Brief Times Rptr. 743, 1992 Colo. LEXIS 381, 1992 WL 83056, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mullison-colo-1992.