Wednesday, November 9, 2011
A disbarment order is summarized in the Utah Bar Journal:
On August 1, 2011, the Honorable L.A. Dever, Third District Court, entered Findings of Fact, Conclusions of law, and Order of Disbarment against Thomas V. Rasmussen for previously violating the Court’s Order of Sanction. Mr. Rasmussen has appealed the sanction to the Utah Supreme Court.
A Sanction Order was issued by the Court on July 21, 2010. The Order provided that Rasmussen was suspended for one year with all but 181 days suspended. Pursuant to Rule 14-526(a) of the Rules of Discipline and Disability, the effective date was thirty days later on August 20, 2010. The thirty-day period provided by the Rule is to allow Mr. Rasmussen the time to wind down his practice and cease representing clients.
Mr. Rasmussen continued to practice beyond the August 20th deadline. During the period of suspension Rasmussen made thirty-six appearances in seventeen courts. There were eleven cases where Rasmussen entered an appearance on the case after the effective date of his suspension and there were nine cases where he appeared where charges were not even filed against his clients until after the effective date of his suspension. This establishes Mr. Rasmussen was taking on new matters during his suspension.
Rasmussen filed with the Court an affidavit stating that during the period of suspension he had not practiced law. The affidavit was not truthful.
Rasmussen stated in Court that he violated the suspension Order. His position was that because he needed money he had to violate the Order and practice law.
Not the best of explanations for violating a court order. (Mike Frisch)