286 P.3d 1107
Colo.2012Background
- May 1, 2012 sanctions hearing held under C.R.C.P. 251.19(c); Respondent did not appear.
- People alleged violations of Colo. RPC 8.4(c) and 8.4(d) based on failure to pay court-ordered child support.
- Respondent had been immediately suspended on June 23, 2011 for failure to pay child support.
- Default entered January 30, 2012, with admitted facts establishing violations by clear and convincing evidence.
- Respondent owes substantial arrears (approximately $15,000) and has not paid since April 2010.
- Court adopted admitted factual background and found Respondent knowingly disobeyed a court order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Respondent violated child-support orders under RPC 8.4(c)/(d). | Respondent knowingly disobeyed a court order. | Respondent disputes or does not participate in the matter. | Yes; violations established. |
| Whether suspension is an appropriate sanction. | ABA Standards support suspension for willful disobedience with injury. | Not contesting or offering mitigations due to nonparticipation. | Suspension for one year and one day appropriate. |
| Whether aggravating/mitigating factors justify the sanction. | Aggravating factors absent mitigating factors; persistent arrears. | Limited mitigation due to nonparticipation. | Aggravation outweighed by scarcity of mitigating factors; sanction affirmed. |
Key Cases Cited
- In re Green, 982 P.2d 838 (Colo. 1999) (suspension for substantial unaddressed child-support debt)
- People v. Hanks, 967 P.2d 144 (Colo. 1998) (suspension for willful failure to pay child support)
- People v. Tucker, 837 P.2d 1225 (Colo. 1992) (six-month suspension for willful failure to pay $8,000 in child support)
- People v. Kane, 655 P.2d 390 (Colo. 1982) (three-year suspension for failure to honor child-support order with aggravating factors)
- In re Roose, 69 P.3d 43 (Colo. 2003) (principles for imposing sanctions in professional misconduct)