2013 CO 40
Colo.2013Background
- Jan. 21, 2009: Probation with stay, one year and one day suspension ordered.
- Feb. 11, 2011: AR Counsel moves for show cause to revoke probation and lift stay.
- Show cause issued; Bass failed to respond despite multiple notice attempts over months.
- Aug. 31, 2011: PDJ finds Bass in default; probation revoked and suspension imposed.
- Bass later seeks relief under C.R.C.P. 60(b)(8), arguing void order due to improper notice and untimely filing.
- Bass appeals to Colorado Supreme Court, challenging PDJ authority given timing of the motion and the probation rules.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether PDJ could revoke probation and lift the stay given AR Counsel's motion filed before probation's expiration. | Bass: improper timing voids revocation. | Bass's claim rejected; rule allows revocation during probation. | Yes; PDJ empowered to act under Rule 251.7(e) despite timing. |
Key Cases Cited
- Leaffer v. Zarlengo, 44 P.3d 1072 (Colo.2002) (statutory-like interpretation guiding discipline rules)
- Patterson v. Cronin, 650 P.2d 531 (Colo.1982) (statutory interpretation principles in discipline context)
- In re Roose, 69 P.3d 483 (Colo.2003) (ABA Standards guide sanctions for lawyer misconduct)
- In re Rosen, 198 P.3d 116 (Colo.2008) (ABA Standards; application to sanctions and probation)
- Holcomb v. Jan-Pro Cleaning Sys. of S. Colo., 172 P.3d 888 (Colo.2007) (unambiguous rule interpretation; probation termination)