June 19, 2019

Colorado Supreme Court: Attorney Sanction Reversed; Board Erroneously Concluded that It Lacked Discretion and Was Compelled to Impose Public Censure

The Colorado Supreme Court issued its opinion in In the Matter of Attorney F on September 10, 2012.

Attorney and Client—Office of Attorney Regulation—Discipline—Public Censure.

The Supreme Court reversed the Hearing Board’s (Board) sanction in this attorney discipline proceeding because the Board erroneously concluded that it lacked discretion in choosing a sanction and was compelled by the Court’s case law to impose a public censure. The Court remanded the case for a redetermination of the appropriate sanction so that the Board may exercise its discretion. The Court affirmed the Presiding Disciplinary Judge’s order denying respondent attorney’s motion to compel removal of the publication of the Board’s disposition posted on the Office of Attorney Regulation Counsel’s website, because the information posted complies with the Court’s rules of procedure regarding attorney discipline proceedings.

Summary and full case available here.

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