Opinion
No. 03PDJ040.
June 19, 2003.
The Presiding Disciplinary Judge approved the parties' Conditional Admission of Misconduct and publicly censored Respondent, Anthony L. Martinez, attorney registration number 14661. In one matter, respondent was ordered to submit a proposed order to the court, but the order he submitted and which the court entered and later vacated, was materially different than the terms of the court's oral order. Respondent failed to submit the order to opposing counsel prior to submitting it to the court. In the same matter, respondent authorized his assistant to send a letter to opposing party's bank which materially broadened the scope of a release signed by the opposing party. Respondent's conducted violated Colo. RPC 3.4(c) by knowingly failing to comply with an obligation under the rules of a tribunal, and Colo. RPC 4.1(a), knowingly making a false or misleading statement of fact or law to a third person. To the extent respondent's actions were executed by his legal assistant, respondent violated Colo. RPC 8.4(a) by violating or attempting to violate the Rules of Professional Conduct through the act of another. In a second matter, the court ordered respondent to reset a matter for hearing by a date certain and requested that respondent provide additional information to the court concerning his client. Respondent failed to provide any additional information to the court and failed to reset the hearing in violation of Colo. RPC 1.3. Respondent was ordered to pay costs of the proceeding.