People v. Head

Summary

A Colorado attorney-discipline Hearing Board decision concerning an attorney's conduct during proceedings to collect an attorney-fee judgment. The Board found that the respondent knowingly made misrepresentations concerning tax returns and violated Colo. RPC 8.4(c), along with other professional-conduct rules discussed in the decision. It concluded that the appropriate sanction was suspension for one year and one day.

Holdings

1. Colo. RPC 3.3(a)(1) does not apply to an attorney's statements in proceedings in which the attorney represents the attorney's own interests rather than a client.
2. Respondent knowingly violated Colo. RPC 8.4(c) by repeatedly misrepresenting the existence and location of his 2006 and 2007 tax returns and by making false statements about his income and financial obligations.
3. Respondent violated Colo. RPC 3.4(a) by unlawfully obstructing the defendants' access to evidence concerning his financial status.
4. Respondent violated Colo. RPC 3.4(c) by knowingly failing to comply with the H&A garnishment writ and court orders directing payment of the judgment, and violated Colo. RPC 8.4(d) because the conduct prejudiced the administration of justice.
5. A suspension of one year and one day was appropriate for Respondent's knowing misrepresentations, obstruction of evidence, disobedience of court orders, and resulting prejudice to the administration of justice.

Questions Presented

1. Whether Respondent's misrepresentations in postjudgment proceedings violated Colo. RPC 3.3(a)(1) when he was representing his own interests rather than a client.
2. Whether Respondent's misrepresentations to the court and opposing counsel constituted knowing dishonesty, fraud, deceit, or misrepresentation under Colo. RPC 8.4(c).
3. Whether Respondent unlawfully obstructed access to evidence by concealing or misrepresenting the location and existence of tax returns and financial information in violation of Colo. RPC 3.4(a).
4. Whether Respondent knowingly disobeyed a garnishment writ and court orders in violation of Colo. RPC 3.4(c), and whether that conduct prejudiced the administration of justice under Colo. RPC 8.4(d).
5. What sanction was appropriate for the proved misconduct.

Disposition

other