People v. Gargano

Summary

The Presiding Disciplinary Judge denied Paul A. Gargano’s motion for summary judgment and granted the People’s cross-motion in a reciprocal attorney-discipline proceeding. The court concluded that Massachusetts’ indefinite suspension was final, that Gargano had not established a due process violation, and that the misconduct could not be relitigated in Colorado. Because Colorado does not provide for indefinite suspension, the court imposed a three-year suspension, assessed costs, and ordered compliance with applicable winding-up requirements.

Holdings

1. A final adjudication in another jurisdiction of attorney misconduct constituting grounds for discipline conclusively establishes that misconduct in a Colorado reciprocal-discipline proceeding, subject to the exceptions in C.R.C.P. 251.21(d). The respondent may not use the reciprocal proceeding to relitigate the underlying misconduct.
2. The Massachusetts proceeding comported with due process because Respondent had notice, represented himself at the hearing, and had an opportunity to cross-examine witnesses and introduce evidence.
3. The People were entitled to summary judgment because no genuine dispute of material fact remained concerning the final Massachusetts suspension or Respondent's failure to establish a valid exception to reciprocal discipline.
4. A three-year suspension was the Colorado discipline most closely corresponding to Massachusetts's indefinite suspension and was sufficiently stringent to protect the public.

Questions Presented

1. Whether Respondent was entitled to summary judgment by showing that the underlying Massachusetts disciplinary charges lacked merit.
2. Whether the Massachusetts disciplinary proceeding failed to comport with due process because of issue preclusion, alleged discovery violations, the failure to call listed witnesses, or the absence of a jury trial.
3. Whether the People's motion for summary judgment was proper under Colorado's reciprocal-discipline rule.
4. What Colorado sanction most closely corresponded to Massachusetts's indefinite suspension.

Disposition

other