Justia Legal Ethics Opinion Summaries

Articles Posted in Colorado Supreme Court
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In this case, the Supreme Court of Colorado considered a petition from GHP Horwath, P.C., Nadine Pietrowski, Bohn Aguilar, LLC, Michael G. Bohn, and Armando Y. Aguilar, asking the court to permanently enjoin Nina H. Kazazian from proceeding pro se in Colorado state courts. Over the past eleven years, Kazazian, a pro se litigant and former attorney, had initiated at least ten lawsuits and twice as many appeals, most of which were found to be duplicative, meritless, or frivolous. Her actions led to her disbarment and multiple sanctions. The court noted that while every person has the right to access Colorado courts, this right is not absolute and may be curtailed when a pro se party persistently disrupts judicial administration by filing meritless and duplicative claims. The court found that Kazazian's actions placed a strain on judicial resources and were harmful to the public interest. Therefore, the court granted the petitioners' requested relief and ordered that Kazazian be permanently enjoined from proceeding pro se in Colorado state courts. View "GHP Horwath, P.C. v. Kazazian" on Justia Law

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The Supreme Court of the State of Colorado ruled in favor of the petitioners, GHP Horwath, P.C.; Nadine Pietrowski; Bohn Aguilar, LLC; Michael G. Bohn; and Armando Y. Aguilar, in their request to permanently enjoin respondent Nina H. Kazazian from proceeding without legal representation (pro se) in Colorado state courts. The court found that Kazazian, a disbarred attorney, had consistently abused the legal system by pursuing numerous frivolous lawsuits and appeals, often targeting the attorneys involved in her cases. This behavior, the court held, caused unnecessary strain on judicial resources and was often aimed at harassing the opposing parties. Therefore, while Kazazian retained the right to access the courts, she could only do so through an attorney. View "Horwath v. Kazazian" on Justia Law

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In the case before the Supreme Court of the State of Colorado, the court had to decide whether Anthony Robert Smith had waived some of the claims he had raised in a pro se Crim. P. 35(c) motion by not pursuing certain claims in later briefings and at a postconviction hearing. The court also had to consider whether counsel could abandon some of a defendant’s pro se Crim. P. 35(c) claims without first obtaining the defendant’s informed consent, and whether abandonment of individual postconviction claims requires a showing of intent to do so.Smith was convicted of multiple counts of sexual assault on a child and promotion of obscenity to a minor. After his conviction was affirmed by the court of appeals, Smith filed a pro se Crim. P. 35(c) motion, asserting several claims of ineffective assistance of counsel and prosecutorial misconduct. After appointed counsel filed a Supplemental Motion for Post-Conviction Relief that did not include some of Smith's pro se claims, the postconviction court found that Smith had waived those omitted claims.On appeal, a division of the court of appeals reversed the postconviction court’s decision, concluding that Smith’s claims were preserved because they were not superseded by counsel’s motion. The Supreme Court of the State of Colorado disagreed and reversed the judgment of the court of appeals.The Supreme Court of the State of Colorado held that Smith abandoned the claims he stopped pursuing. The court also decided that counsel, as the “captain of the ship,” has the authority to make strategic decisions, including which claims to pursue. Therefore, counsel may abandon some of a defendant’s pro se Crim. P. 35(c) claims without the client’s informed consent. The court did not rule on whether abandonment of individual postconviction claims requires a showing of intent to abandon such claims. View "People v. Smith" on Justia Law

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This case involves attorney Grant Bursek's departure from Johnson Family Law, P.C. (MFL). When Bursek left MFL, 18 clients chose to continue their representation with him, prompting MFL to enforce an agreement that required Bursek to pay a per-client fee. Bursek argued that this fee violated the Colorado Rules of Professional Conduct, which prohibit attorneys from making employment agreements that restrict the right to practice after the termination of the relationship. The Supreme Court of the State of Colorado agreed with Bursek, holding that while a firm may seek reimbursement of specific client costs when a client leaves the firm to follow a lawyer, a firm cannot require a departing attorney to pay a non-specific fee in order to continue representing clients who wish to retain their relationship with that attorney. The court found that such an agreement constitutes an impermissible restriction on the attorney's right to practice and on the clients' right to choose their counsel. The court also held that this provision of the employment agreement was unenforceable, as it violated public policy as expressed in the Colorado Rules of Professional Conduct. The court affirmed in part and reversed in part the Court of Appeals' decision. It affirmed the decision that the per-client fee was unenforceable but reversed the Court of Appeals' decision to sever and attempt to enforce other parts of the agreement. The case was remanded for further proceedings consistent with the opinion. View "Johnson Family Law v. Bursek" on Justia Law

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In this case, defendant Joseph James Tippet was initially charged with first-degree murder for allegedly shooting and killing his father. However, due to a series of discovery violations by the Eleventh Judicial District Attorney's Office, Tippet's charge was reduced to second-degree murder by the district court as a deterrent sanction. The Supreme Court of the State of Colorado was asked to review this decision.The People (prosecution) had a history of neglecting their discovery obligations, leading to multiple discovery violations in Tippet's case and others. Despite several warnings from various judges, the District Attorney's Office continued to neglect its discovery obligations. As a result, Tippet's defense counsel was unable to effectively prepare for his preliminary hearing.The Supreme Court held that the district court did not abuse its discretion by reducing Tippet's charge as a sanction for the District Attorney's Office's consistent neglect of its discovery obligations. The court emphasized the importance of the discovery process in advancing the search for truth and protecting the integrity of the truth-finding process. The court affirmed the sanction as a necessary deterrent to encourage the District Attorney's Office to modify its discovery practices. The court also rejected the People's argument that the district court lacked the authority to reduce the charge as a discovery sanction, explaining that the decision to impose sanctions for discovery violations was within the court's discretion.In conclusion, the court discharged the rule to show cause, upholding the district court's decision to reduce Tippet's charge from first-degree murder to second-degree murder as a deterrent sanction for the District Attorney's Office's discovery violations. View "People v. Tippet" on Justia Law

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A Special Tribunal was convened to impose discipline on former Colorado Supreme Court Chief Justice Nathan Coats. The Colorado Commission on Judicial Discipline recommended approval of an Amended Stipulation for Public Censure. The censure stems from a 2018 allegation against Mindy Masias, the Chief of Staff and second in command of the State Court Administrator’s Office (SCAO), for misconduct while she was employed by the SCAO. She resigned her position, but was still under consideration for a post-resignation services contract with the Court, valued at $2.6 to $2.7 million. After an anonymous letter raised significant allegations of wrongdoing by Masias, the Office of the State Auditor (OSA) opened an investigation. Undisputed evidence revealed that the Judicial Department entered into this contract with Masias before the anonymous letter was received, and Justice Coats asserted he had no knowledge of the execution of Masias’ contract at that time. Months after execution of the contract and receipt of the letter, Justice Coats learned Masias had surreptitiously recorded a conversation with former Chief Justice Rice concerning the reasons Masias was not elevated to become the State Court Administrator. Had Justice Coats exercised due diligence by obtaining and reviewing the Masias separation agreement, he could have learned about the surreptitious recording prior to execution of the services contract. The Court ultimately withdrew from the services contract. Disciplinary proceedings were started against Justice Coats for failing to “perform judicial and administrative duties competently and diligently” as required by the Colorado Code of Judicial Conduct. The Commission recommended, and the Special Tribunal adopted the recommendation that Justice Coats be publicly censured. View "Colorado v. Coats" on Justia Law

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The Colorado Commission on Judicial Discipline (“the Commission”) recommended public censure and thirty-day unpaid suspension of former district court Judge Mark Thompson of the Fifth Judicial District. These sanctions stemmed from former Judge Thompson’s guilty plea to a reduced charge of disorderly conduct in Summit County District Court. Former Judge Thompson’s plea reflected his admission to having “recklessly” displayed an AR-15 style assault rifle during a dispute with his adult stepson. View "In the Matter of: Former Judge Mark D. Thompson" on Justia Law

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The Colorado Supreme Court convened a Special Tribunal for the imposition of discipline to Judge Lance Timbreza, formerly of the Mesa County District Court. The Special Tribunal was convened because the Supreme Court had to recuse itself in this matter under Rule 41(b) of the Colorado Rules of Judicial Discipline (“RJD”). Before the entry of the First Stipulation, Judge Timbreza resigned his position. As part of the First Stipulation, Judge Timbreza also stipulated to the entry of a public censure. He and the Commission further agreed that the issue of whether any additional sanctions should be imposed; ultimately the Special Tribunal recommended Judge Timbreza pay attorney fees and costs to the State of Colorado. Discipline was recommended for the Judge's violation of Colorado Code of Judicial Conduct Canon Rules 1.1, 1.2, 1.3, and 2.3 following an encounter with a young attorney at a Colorado Bar Association Conference/retreat. The Special Tribunal adopted the recommendations. View "In the Matter of: Lance P. Timbreza, a Judge" on Justia Law

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In an interlocutory appeal, the State challenged a trial court order that granted defendant Jorge Solis’ motion to disqualify the entire Seventh Judicial District Attorney’s Office because his public defender, began working for the DA’s office prosecuting his case. The issue presented here was whether, as Solis argued before the trial court, his attorney’s former representation of Solis constituted “special circumstances” under section20-1-107(2), C.R.S. (2022), requiring not just the attorney’s disqualification, but also disqualification of the entire DA’s Office. Following a half-day hearing, the trial court found that the DA’s Office had a screening policy in place and that it had taken additional precautions to wall the attorney off from Solis’s prosecution. The court thus concluded Solis had failed to establish that special circumstances existed such that “it [was] unlikely that [he] would receive a fair trial.” The Colorado Supreme Court concluded the trial court abused its discretion in granting Solis’s motion. The trial court’s determination that the attorney could potentially deviate from the screening policy in the future was based on his appearance in Mr. Flores-Molina’s case; it was not a determination that the attorney would violate the screening policy in this case or that confidential information from the attorney’s prior representation had not been or could not continue to be adequately screened from the attorneys prosecuting Solis’s case. Because there was no evidence in the record that Solis is unlikely to receive a fair trial, the Supreme Court vacated the trial court’s order disqualifying the entire DA’s Office. View "Colorado v. Solis" on Justia Law

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On July 25, 2021, Mark Thompson, Judge for the 5th Colorado Judicial District, got into a heated verbal confrontation with his 22-year-old adult stepson. The confrontation began in the street in front of Judge Thompson’s home and continued inside the home. After the confrontation moved inside the home, Judge Thompson was alleged to have pointed an AR-15 style rifle at his stepson’s chest. Judge Thompson retrieved the rifle from a gun safe in the home before allegedly pointing it at his stepson. The stepson left the house and called 911. The Sherriff’s Department began an investigation. Once the Summit County Sheriff’s Department recognized that Judge Thompson was the Chief Judge for their judicial district, it recused itself and transferred the case to the Colorado Bureau of Investigation. In early January 2022, Judge Thompson pled guilty to a class 2 misdemeanor for disorderly conduct, for which he was sentenced to one year of unsupervised probation with a requirement of continued anger management. The Colorado Commission on Judicial Discipline (“the Commission”) recommended that the Colorado Supreme Court approve a Stipulation for Public Censure and Suspension, which was executed between Judge Thompson and the Commission pursuant to Rules 36(c), 36(e), and 37(e) of the Colorado Rules of Judicial Discipline (“RJD”). Consistent with the Stipulation, the Commission recommended that the Supreme Court issue a public censure and a thirty-day suspension of Judge Thompson's judicial duties without pay. The Supreme Court adopted the Commission’s recommendation. View "Matter of: Judge Mark D. Thompson" on Justia Law