Tuesday, December 5, 2023

Hard Drive Damage

A recent public censure is summarized on the web page of the Colorado Presiding Disciplinary Judge

In 2012, the Office of the Alternate Defense Counsel (“OADC”) appointed Mrachek to represent an incarcerated client in the client’s resentencing matter. From 2012 until 2019, Mrachek investigated her client’s case by conducting multiple interviews, obtaining expert reports, communicating regularly with the client, and coordinating work on a mitigation video. Though Mrachek’s OADC timekeeping records show that she drafted a motion for a resentencing order in 2019, she never filed the motion with the presiding court.

In July 2020, Mrachek learned that she lost her client’s file after her computer and external hard drive were damaged. When OADC notified Mrachek in late 2020 that it reassigned the case to substitute counsel, she still had not told her client that his file was lost. In fact, Mrachek never communicated with her client at all after the first week of July 2020, including about assisting him to apply for an early release program available to individuals at high risk for contracting COVID-19.

(Mike Frisch)


Bar Discipline & Process | Permalink


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