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Meyer, Deputy Disciplinary Prosecutor, Denver, for complainant.
A complaint was filed with the Grievance Committee charging the respondent, Bernard D. Morley, with professional misconduct. A hearing board of the Grievance Committee found that the respondent had violated the Code of Professional Responsibility and the Colorado Rules Regarding Lawyer Discipline and recommended that the respondent be disbarred. Independent escorts morley ks hearing panel of the Grievance Committee approved the findings and recommendation of the hearing board.
We conclude that the respondent's professional misconduct constituted such a flagrant violation of professional ethics as to warrant the severe sanction of disbarment. In the Cherry Hills Police Department received information from the respondent's former housekeeper that he was using cocaine. As part of their investigation of the respondent's drug use, undercover police officers attempted to purchase cocaine from him on two separate occasions but without success.
The FBI was primarily interested in developing information concerning a male person we hereafter refer to as H. Hoping that the respondent would be a conduit to H. On July 22,a female informant, whom we will call S. The respondent advised S. On August 8,S. Evans told the respondent that he was from the east coast and was a member of an organization that was attempting to establish a prostitution service in Denver to serve wealthy travelers from the New York area.
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Evans told the respondent that his legal services were not needed, but that he had been contacted as someone who could put the organization in touch with other persons who could provide prostitutes for the scheme. The respondent refused Evans' offer of a financial interest in the proposed venture and stated that all his work for the organization would be billed as legal work.
He discussed with Evans the importance of setting up a code system for the women, commented on the dangers of using an out-of-house computer service, and stated that putting the initial money to fund the operation in the respondent's trust rather than a bank would assure Evans a degree of anonymity with respect to his role in the scheme. After commenting on the method used to screen the women employed in the scheme, the respondent cautioned Evans against advertising and the use of pimps.
No definite agreement was reached on a fee, although the respondent did mention to Evans that at his first meeting with S. After the scheme was outlined, the respondent told Evans he would consider different ways in which to put the service together and would make some contacts. At this meeting and in later conversations, the respondent also advised Evans about various ways to structure the proposed activity in order to avoid problems with local law enforcement agencies. On September 3,the respondent arranged for agents Evans and Kazmier, who also was posing as a member of Evans' organization, to meet H.
Until September 30 the respondent kept a record of his meetings with S. The respondent entered these meetings on the ledger sheet as conferences with "clients. On October 16,the respondent met again with agent Kazmier and provided him with the names and telephone s of two women to contact in connection with the prostitution operation.
At a final meeting with agent Evans on December 1,the respondent indicated that he was displeased because the organization had failed to meet the schedule of payments agreed upon at the September 30 meeting. Unknown to the respondent, the independent escorts morley ks he had with S. For reasons not set forth in the record before us, these charges were dismissed on January 7, On October 24,a formal complaint was filed with the Grievance Committee, charging the respondent with professional misconduct in several particulars, including as pertinent here: violating the highest standards of morality in violation of C.
The respondent moved to dismiss the charges or in the alternative to suppress the tape recordings of his conversations with S. The board expressed some reservations about the propriety of the agents' conduct, but concluded that the investigation was not conducted outrageously or in bad faith and therefore denied the motion. The case against the respondent consisted primarily of the tape recorded conversations with S.
The respondent testified that he knew from the first meeting with Agent Evans that an illegal prostitution scheme was being planned. He acknowledged that he made no independent escorts morley ks to dissuade Evans and Kazmier from engaging in the proposed illegal activity, but he asserted that he had not given them any legal advice. The hearing board found by clear and convincing evidence that the respondent's counseling of activities which he acknowledged to be criminal was not consistent with the highest standards of morality and thus violated C.
The hearing panel of the Grievance Committee approved the findings and conclusions of the board and adopted the board's recommendation of disbarment. The respondent has filed exceptions to the hearing panel's report. He contends that the undercover investigation constituted outrageous conduct and was conducted in bad faith in violation of due process of law, U. XIV; Colo. II, sec.
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We first address the respondent's due process claim that the undercover operation constituted outrageous conduct and was conducted in bad faith in violation of due process of law. We are unpersuaded by the respondent's claim. In a disciplinary proceeding, the court's primary duty is to protect the public and the legal profession from unscrupulous lawyers.
People v. Harfmann, P. Disciplinary proceedings are sui generis in nature, and conviction of a criminal offense is not a condition precedent to the institution of such proceedings nor does an acquittal constitute a bar to such proceedings. Mead, 29 Colo. While a lawyer is entitled to procedural due process in such a proceeding, there is no independent escorts morley ks that he be afforded the same constitutional safeguards applicable to a criminal trial.
State Board of California, 11 Cal. Unlike the rule applicable to a criminal proceeding, evidence of professional misconduct obtained by law enforcement officers should be admissible at a disciplinary proceeding unless the officers themselves engaged in outrageous misconduct or acted in bad faith in obtaining the challenged evidence. Ressin, P. If the governmental officials acted outrageously or in bad faith in obtaining the challenged evidence, then due process of law requires the exclusion of such evidence or perhaps the even more drastic remedy of dismissal.
There is no "bright line" or "per se" rule in this area of the law, and each case must be decided on the basis of its own peculiar facts.
While we accept the hearing board's finding that the investigation was initiated and conducted without any actual knowledge or belief that the respondent was involved in prostitution-related activities, we are satisfied that the undercover operation did not reach the level of outrageous or bad faith conduct necessary to support the sanction of dismissal or suppression.
Several factors lead us to this conclusion.
First, the undercover operation was the result of the separate but somewhat related interests of two law enforcement agencies: SCATS' interest in investigating the respondent's alleged illegal drug activity and the FBI's interest in developing information about H. Both interests were within the ambit of legitimate law enforcement activities.
While the undercover operation was itself built on deceit, governmental activity in the pursuit of crime "is not confined to behavior suitable for the drawing room. Murphy, F. Qaoud, F. Second, the respondent, from his initial contact with the agents, eagerly offered for sale his counsel and assistance in the formation of an illegal enterprise. The respondent's decision to engage in this conduct was made freely and knowingly, out of an obvious predisposition to do so, and not as the result of some overbearing inducement by the federal agents.
See Hampton v.
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United States, U. People, P. Third, the tape recordings of the respondent's conversations were made in each instance with the consent of the other parties to the conversations, S. White, U. Velasquez, P. Fourth, there is no evidence that the undercover agents were pursuing a course of harassment or engaging in gross improprieties during their contacts with the respondent. See Ressin, P. Finally, contrary to the respondent's assertion, the record fails to demonstrate that the undercover operation involved an intrusion into an attorney-client relationship between the respondent and H.
The evidence of the respondent's misconduct basically consisted of the respondent's conversations with S. Since the record fails to demonstrate that the conduct of the undercover agents was violative of due process of law, e.
Kelly, F. Jannotti, F. We turn to the respondent's claim that C. DR A 6 states that "[a] lawyer shall not We find no merit in the respondent's argument. The same basic standards applicable to determining a constitutional challenge to a statute should guide our resolution of the respondent's due process challenge to C.
See Committee on Professional Ethics v.
Durham, N. There is a presumption of constitutionality attaching to such enactments, and the burden is on the party challenging an enactment to demonstrate its unconstitutionality beyond a reasonable doubt. State, P. Department of Revenue, P. Since a disciplinary rule is promulgated for the purpose of guiding lawyers in their professional conduct, and is not directed to the public at large, the central consideration in resolving a vagueness challenge should be whether the nature of the proscribed conduct encompassed by the rule is readily understandable to a d lawyer.
When C. Counseling another in illegal conduct is itself prohibited by law. See, e.