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Keywords

settlementattorneysubpoenatrialfelonylegal ethics

settlementattorneysubpoenatrialtestimonylegal ethicsrespondent

Related Cases

People v. Kenelly, 648 P.2d 1065

Facts

Orville A. Kenelly represented Kyle Jarrett in various legal matters, including a civil case against Bertrand Jalbert, who had shot Jarrett. After the shooting, Jarrett was charged with a felony drug offense, and Jalbert faced serious felony charges. During settlement negotiations, Jarrett indicated to Jalbert's attorney that he wanted to settle the civil case, with the primary consideration being his unavailability for a subpoena in Jalbert's criminal trial. Kenelly facilitated this settlement, knowing the illegal nature of the agreement.

For several years prior to August 1978, the respondent represented Kyle Jarrett in several matters including traffic offenses and a minor marijuana case. In August 1978, Jarrett was severely injured as the result of a shooting at the home of his girlfriend. He claimed to the police that one Bertrand Jalbert shot him without reason. Jalbert, on the other hand, maintained that he shot in self-defense and that they struggled for possession of the gun. A large bag of marijuana was found by the police at the scene of the shooting.

Issue

Did Orville A. Kenelly engage in unprofessional conduct by aiding and abetting a scheme to obstruct justice?

Rule

The court applied Rule 241(B)(1), (2) and (4) of the Rules Relating to Discipline of Attorneys, which prohibits conduct that violates legal ethics and the standards of honesty, justice, and morality.

The Grievance Committee concluded that the respondent's conduct was in violation of Rule 241(B)(1), (2) and (4) of the Rules Relating to Discipline of Attorneys, because such conduct violates the accepted rules or standards of legal ethics and is in violation of the highest standards of honesty, justice and morality required of all who practice law in the state of Colorado.

Analysis

The court found that Kenelly knowingly participated in a scheme that obstructed the administration of justice by facilitating a settlement that was contingent upon Jarrett's unavailability as a witness. The Grievance Committee's findings indicated that Kenelly was not a passive bystander but actively aided in the illegal transaction, which was contrary to his duties as an officer of the court.

The Grievance committee specifically found by clear and convincing evidence that the respondent knew from the beginning of settlement negotiations that the primary consideration for the payment by Jalbert to Kyle Jarrett was that Jarrett would make himself unavailable for the service of a subpoena or testimony at the criminal trial of Jalbert.

Conclusion

The court concluded that Kenelly's actions warranted a one-year suspension from the practice of law, emphasizing the need for substantial sanctions to deter such conduct.

We agree with the recommendation of the Grievance Committee that the respondent be suspended from the practice of law in the state of Colorado and we set the period of that suspension at one year.

Who won?

The Grievance Committee prevailed as the court agreed with their recommendation for suspension due to Kenelly's unethical conduct.

The Grievance Committee in its report recommended that the respondent's license to practice law be suspended.

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