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PEOPLE v. RASURE

No. 06PDJ088.

202 P.3d 1215 (2007)

The PEOPLE of the State of Colorado, Complainant v. Charles W. RASURE, Jr., Respondent.

Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado.

May 30, 2007.

Attorney(s) appearing for the Case

Attorney Regulation. Following a hearing pursuant to C.R.C.P. 251.18, a Hearing Board suspended Charles W. Rasure, Jr. (Attorney Registration No. 25569) from the practice of law for a period of one year and one day. The Colorado Supreme Court affirmed the Hearing Board's sanction on May 19, 2008. Respondent brought claims against persons who previously reported his misconduct in violation of C.R.C.P. 251.32(e). Respondent's misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5 and violated Colo. RPC 8.4(d).

On April 9-10, 2007, a Hearing Board composed of FRANCES L. WINSTON, a citizen Hearing Board member, and THOMAS J. OVERTON, a member of the Bar, and WILLIAM R. LUCERO, the Presiding Disciplinary Judge ("the PDJ or the Court") held a Hearing pursuant to C.R.C.P. 251.18. Kim E. Ikeler, appeared on behalf of the Office of Attorney Regulation Counsel ("ORAC or the People"). Charles W. Rasure, Jr., (Respondent) appeared pro se. The Hearing Board issues the following Opinion and Order Imposing Sanctions Pursuant to C.R.C.P. 251.19.

OPINION AND ORDER IMPOSING SANCTIONS PURSUANT TO C.R.C.P. 251.19

I. ISSUE/SUMMARY

Supreme Court disciplinary rules prohibit a lawyer from filing a lawsuit against anyone predicated upon lawyer misconduct or lack of professionalism reported to the People unless the person reporting (1) fails to maintain confidentiality and (2) the communication is in reckless disregard of the truth or in bad faith. Respondent...

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