327 P.3d 914
Colo.2014Background
- Respondent, a Colorado attorney admitted in 2004, engaged in a familial adoption scheme for a baby from her second cousin, listing her husband as the birth father to avoid a home-study mandated nonfamilial adoption.
- Johnson traveled to Colorado to give birth; Respondent advised listing Mr. Ritland as father on the birth certificate to create a presumed paternity.
- Respondent filed a stepparent adoption petition naming Ritland as birth father and filed consent to adoption swearing Ritland as birth father; Johnson later had custody disputes in Canada.
- Adoption decree was entered; later, Canadian custody actions and discovery revealed Respondent’s false representations, leading to the adoption decree’s vacation and further paternity/maternity actions.
- Respondent stipulated to the alleged rule violations and faced sanctions hearings; the Hearing Board ultimately suspended Respondent for three years, citing mitigating factors.
- Respondent’s conduct occurred outside traditional client representation, and the Board highlighted Respondent’s generally good character and efforts to mitigate as reasons for a non-disbarment sanction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| False statements to a tribunal | Rothgery argues Respondent knowingly falsely stated Ritland was AR's birth father. | Ritland contends no deliberate falsehood was intended by Respondent. | Violated RPC 3.8(a)(1); false statements to a tribunal. |
| Falsifying evidence and aiding false testimony | Respondent arranged birth certificate and consent to adoption falsely naming Ritland as father. | Respondent contends actions were misguided but not intended to defraud the court. | Violated RPC 3.4(b); falsified evidence and aided false testimony. |
| Dishonesty, fraud, deceit, or misrepresentation | Respondent engaged in deceit by misrepresenting paternity in filings. | Respondent asserts mitigating circumstances and lack of client-centered intent. | Violated RPC 8.4(c); engaged in dishonesty and misrepresentation. |
| Counseling a client in fraudulent conduct | Respondent assisted Ritland and Johnson in fraudulently identifying Ritland as birth father. | Respondent contends she acted under professional duty and belief in safeguarding the child. | Violated RPC 1.2(d); assisted client in fraud. |
| Duty to the court in ex parte proceedings and failure to inform | Respondent failed to inform the court of vital facts and did not notify Antone of non-consent in the adoption. | Respondent disputes the extent of duty owed in ex parte context. | Violated RPC 3.3(d) and 8.3(d); failed to disclose material facts and proper parties. |
Key Cases Cited
- In re Cleland, 2 P.3d 700 (Colo.2000) (mitigation when dishonesty occurs outside the practice of law; aberrational conduct weighed in sanctioning)
- People v. Henderson, 967 P.2d 1038 (Colo.1998) (discipline considering aberrational misconduct and public safety)
- People v. Rhodes, 829 P.2d 850 (Colo.1992) (three-year suspension for serious misconduct; factors weighed)
- Cardwell, 55 P.3d 126 (Colo.2002) (presumptive disbarment reduced to suspension where mitigating factors outweigh aggravators)
- In re DeRose, 128 N.J.270 (N.J.1992) (felony/misconduct context; weighs prior misconduct and severity in sanctions)