People v. Proffitt

854 P.2d 787, 1993 WL 158222
CourtSupreme Court of Colorado
DecidedJuly 14, 1993
Docket92SA36
StatusPublished
Cited by4 cases

This text of 854 P.2d 787 (People v. Proffitt) 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. Proffitt, 854 P.2d 787, 1993 WL 158222 (Colo. 1993).

Opinion

854 P.2d 787 (1993)

The PEOPLE of the State of Colorado, Complainant,
v.
Rodney Brent PROFFITT, Attorney-Respondent.

No. 92SA36.

Supreme Court of Colorado, En Banc.

May 17, 1993.
Rehearing Stricken July 14, 1993.

Linda Donnelly, Disciplinary Counsel, Denver, for complainant.

Rodney Brent Proffitt, Denver, pro se.

PER CURIAM.

In this attorney disciplinary proceeding, a hearing panel of the Supreme Court Grievance Committee unanimously approved the findings of fact of a hearing board but modified the board's recommended discipline of a three-year suspension to provide that the respondent be disbarred. The disciplinary counsel has not excepted to the panel's action.[1] We accept the panel's recommendation.

I

The respondent was admitted to the bar of this court on October 21, 1976, is registered as an attorney upon this court's official records, and is subject to the jurisdiction of this court and its grievance committee. C.R.C.P. 241.1(b). He was suspended on February 9, 1987, for one year and one day for committing fraud by check, People v. Proffitt, 731 P.2d 1257 (Colo.1987). He has not been reinstated and thus remains suspended under the 1987 order. Pursuant to a motion for sanctions filed by the disciplinary counsel based on the respondent's unjustified failure to comply with an order compelling discovery, the respondent's answer to the formal complaint was stricken and a default was entered. See C.R.C.P. 37(b)(2), 241.13(b); People v. Ross, 810 P.2d 659, 659 (Colo.1991). The allegations of fact in the complaint were therefore deemed admitted. Ross, 810 P.2d at 659; People v. Crimaldi, 804 P.2d 863, 864 (Colo.1991). Based on the respondent's default, and evidence tendered by the disciplinary counsel, the hearing board found that the following allegations and charges of misconduct contained in the seven-count complaint were established by clear and convincing evidence.[2]

*788 II

Count 1

On October 18, 1985, the respondent was issued a citation by the Glenwood Springs Police Department for driving under the influence of alcohol, careless driving, and speeding. The respondent subsequently failed to appear for three scheduled court appearances, resulting in the issuance of bench warrants. The respondent pleaded guilty to and was convicted of driving while ability impaired, and on June 24, 1986, was placed on probation for two years with the standard conditions. The respondent failed to complete the required alcohol education and therapy, however, and a complaint for revocation of the respondent's probation was filed and a bench warrant issued. When the respondent failed to appear at the hearing, another warrant was issued.

As the hearing board determined, the respondent's conduct violated DR 1-102(A)(5) (a lawyer shall not engage in conduct prejudicial to the administration of justice), DR 1-102(A)(6) (a lawyer shall not engage in conduct that adversely reflects on the lawyer's fitness to practice law), and DR 7-106(A) (a lawyer shall not disregard a standing rule of a tribunal or a ruling of a tribunal made in the course of a proceeding), as well as C.R.C.P. 241.6(5) (any act or omission violating the criminal laws of a state or of the United States constitutes ground for lawyer discipline). Because he did not report the conviction to the disciplinary counsel, the respondent also violated C.R.C.P. 241.16(b).

Count 2

On May 23, 1986, the respondent was issued a summons by the Gunnison Police Department for driving under the influence of alcohol and driving under denial. On June 26, 1986, the respondent was convicted after a plea of guilty to driving while ability impaired. Although he was ordered to undergo an alcohol evaluation prior to sentencing, which was originally scheduled for August 1, 1986, the respondent failed to obtain the evaluation. He also failed to appear at the appointed time for sentencing, but he reported later in the day and was sentenced to ten days in jail. The respondent then failed to report for jail as ordered and did not attend a hearing that he had requested for reconsideration of the sentence.

The respondent failed to appear at subsequent hearings set in the case, including the hearing on a motion to revoke probation. A stipulation was eventually reached whereby the respondent was to serve his remaining jail time and the period of probation was extended. The respondent did not report this conviction to the disciplinary counsel as required. His conduct again violated DR 1-102(A)(5), DR 1-102(A)(6), DR 7-106(A), C.R.C.P. 241.6(5), and C.R.C.P. 241.16(b).

Count 3

On November 19, 1986, the respondent was issued a summons for driving under revocation, speeding, and failure to produce insurance. A charge of driving after an alcohol-related offense was added later. *789 At trial, the respondent was found guilty on all counts, but he failed to appear for sentencing and a bench warrant was issued. When he finally reported for sentencing on November 17, 1987, the respondent misrepresented to the court, under oath, that he resided at a certain address. The sentencing date was reset but the respondent did not show up on the scheduled day and a bench warrant was issued. The respondent was ultimately sentenced to six months unsupervised probation, twenty-four hours useful service, a five-day jail sentence, plus costs. He did not report this conviction until twenty-one months after he was adjudged guilty.

The respondent also sent two letters, on February 25, 1989, and March 5, 1989, to the presiding judge that contained language that was vituperative, undignified, and degrading to a tribunal. The hearing board concluded that the respondent's conduct violated C.R.C.P. 241.6(3) (misconduct involving any act or omission violating the highest standards of honesty, justice or morality is grounds for discipline); C.R.C.P. 241.6(5); DR 1-102(A)(4) (a lawyer shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation); DR 1-102(A)(6); and DR 7-106(C)(6) (in appearing in the lawyer's professional capacity before a tribunal, a lawyer shall not engage in undignified or discourteous conduct which is degrading to a tribunal).

Count 4

At the time of the convictions referred to in Counts 1 to 3 above, the respondent was on probation arising from a previous felony conviction. A complaint for revocation of the respondent's probation was filed on November 5, 1986. The respondent did not appear at the scheduled hearing and a bench warrant was issued, but the complaint was later dismissed. A second complaint for revocation was filed, and was subsequently amended on December 3, 1987. The respondent's probation was revoked on February 16, 1988, based on his admissions that he had been convicted of the offense detailed in Count 2 above, that he had failed to complete alcohol therapy in the cases described in Counts 1 and 2 above, and that he had issued two insufficient funds checks to Rangeview Counseling Center. The respondent was resentenced to three-years probation and he was ordered to submit a treatment plan and quarterly evaluations.

Another complaint for revocation of the respondent's probation was filed on September 14, 1989, alleging, inter alia,

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854 P.2d 787, 1993 WL 158222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-proffitt-colo-1993.