People v. Casey

948 P.2d 1014 (1997)

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Nature of the Case

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Facts

D was licensed to practice law in Colorado. S.R., a teenager, and her mother met with the senior partner at the law firm where D was an associate. S.R. had attended a party held in the home of third parties. The police were called, and they cited several persons at the party with trespassing and underage drinking. S.R. gave the police a driver's license in her possession that had been issued to her friend, S.J. A criminal summons charging trespass was issued in the name of her friend, S.J. S.J. failed to attend the first court hearing, and a bench warrant was issued in her name. S.R., posing as S.J., appeared to reset the matter. S.R. was arrested, jailed, and later released under the name of S.J. D was assigned the case and wrote to the DA that he represented S.J. when he actually represented S.R. He requested and obtained discovery using S.J.'s name. D notified the court clerk of his entry of appearance in the S.J. case. The senior partner 'consulted and advised' D. D appeared at a pretrial conference scheduled for S.J. D did not reveal his client's true identity. The assistant city attorney agreed to dismiss the S.J. matter. The court entered an order of dismissal. D eventually met with the real S.J. and her stepfather and informed them that S.J. would have a criminal record and that she would have to petition the court to have her criminal record sealed. S.J.'s stepfather subsequently called his lawyer D was brought before a hearing board. It recommended that D be suspended for forty-five days from the practice of law and be ordered to take and pass the Multi-State Professional Responsibility Examination (MPRE). D appealed.