6 Nat'l Center for Prof. Resp. Advance Sheets 1 (1982)

handle is hein.journals/dislwpr6 and id is 1 raw text is: Adac Slet
Volume 6, Number 1                                       January, 1982
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Case Summaries
DUE PROCESS EVIDENCE
Colo. DR I-i02(A)(3-6), 7-106(C)(6), 8-102(B)
Respondent was charged with undignified and discourteous
conduct degrading to a tribunal, making false accusations
against a judge and introducing contraband into the county jail
contrary to state law. Interim suspension had been imposed
when Respondent was convicted of three felonies for delivering
marijuana and cocaine to his client in prison. The criminal
conviction was overturned because the court of appeals
determined that constitutional violations of privacy triggered
application of the exclusionary rule.     In the disbarment
proceedings, Respondent contended that the exclusionary rule
applies in disciplinary as well as in criminal proceedings to
prohibit the use of improperly seized evidence.
The court held that the exclusionary rule should not be
extended to provide a shield to a lawyer charged in a
disciplinary complaint. The court observed that due process
in lawyer disciplinary proceedings does not extend to guarantee
the full panoply of rights afforded to an accused in a criminal
case. Disciplinary proceedings are sui generis and deal with a
lawyer as an officer of the court. A case-by-case analysis of
every disciplinary complaint must be made to determine whether
a particular rule of civil or criminal law should be applied.
The court noted that if law enforcement authorities pursue
conduct which shocks the conscience of the court or establishes
bad faith, good reasons exist for exclusion of the evidence at
a disciplinary proceeding. However, the court found no such
Editors: Robert S. Wells and Rhonda G. Peterson; Contributing Editors: Robin Alexander-Smith, Jeanne P. Gray, Elizabeth Michelman, Dori
Weiner Monitz and M. Constance Mortell; ABA Press Production Supervisor. Ralph Ulrich.
Published monthly by the National Center for Professional Responsibility and the Standing Committee on Professional Discipline of the
American Bar Association. Address all correspondence to Editor, Advance sheets, National Center for Professional Responsibility,
American Bar Association, 77 South Wacker Drive, Chicago, Illinois 60606, telephone (312) 621-9250.
Individual copies $4.00 per Issue; subscription $36.00 per calendar year, bulk subscriptions: 5-20 subscriptions to one address $25.00 for
each subscription per year, 21 or more subscriptions to one address $15.00 for each subscription per year. Included in subscription to the
Disciplinary Law and Procedure Research System. Four weeks' notice required for change of address.
The Advance Sheets were formerly published as the Disciplinary Law and Procedure Advance Sheets, Vol. 1, No. 1 (1977 to Vol. 4, No. 1 (1980).
Copyright  1982 National Center for Professional Responsibility and American Bar Association. All rights reserved.

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