Tuesday, June 21, 2011

Getting Noticed

A Colorado attorney received a stayed suspension for a year and a day as a result of a misdemeanor conviction for possession of a controlled substance. The attorney had previously been disciplined for the following misconduct:

Respondent was refused service at a pub due [to] intoxication. He was offered a non-alcholic beverage, leading to a brief verbal exchange with the bartender. Respondent then was asked to leave the bar, and he did. Respondent came back later looking for his coat at which time he had another brief interaction with the bartender and was again asked to leave, which he did. Respondent walked home and retrieved his .357 revolver and returned to the pub, which was closed for the evening. In an attempt to get the bartender or waitress to notice him, Respondent tapped on the window of the bar. The bartender and waitress ignored the Respondent. Respondent proceeded to fire a bullet into the front door of the pub. Respondent could see the occupants in the bar moving inside and he fired two or three additional shots into the lock of the door. When Respondent could not gain entry, he left the scene.

Respondent did not turn himself in, nor did he inquire about potential injuries of the bar staff. After the waitress recognized the Respondent months later in another bar and called the police, the Respondent was arrested. The Respondent was sentenced to and completed probation after he pled guilty to the misdemeanor crimes of carrying a concealed weapon (C.R.S. § 18-12-105), and reckless endangerment (C.R.S. § 18-3-208). As determined by the order for judgment on the pleadings, Respondent committed the felony crimes of illegal discharge of a firearm (C.R.S. §18-12-107.5(1) and menacing with a deadly weapon (C.R.S. §18-3-206).

The discipline in the prior case was imposed in 2004. In the present case, the attorney must complete a three-year probation period. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2011/06/a-colorado-attorney-received-a-stayed-suspension-for-a-year-and-a-day-as-a-result-of-a-misdemeanor-conviction-for-possession.html

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