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People v. Kiesewetter
Citations: 146 P.3d 84; 2006 WL 3042067Docket: No. 99PDJ116
Court: Supreme Court of Colorado; September 7, 2006; Colorado; State Supreme Court
The Presiding Disciplinary Judge, William R. Lucero, addressed the issue of reciprocal discipline after the Pennsylvania Supreme Court disbarred the respondent for fraudulent misconduct. The respondent did not participate in the proceedings, nor did the Regulation Counsel seek different discipline. The judge determined that disbarment was appropriate. The procedural history indicates that the original complaint was filed on November 8, 1999, and the case was placed in abeyance until Pennsylvania's disciplinary proceedings concluded. The matter was reopened on March 29, 2006, but the respondent failed to answer the amended complaint, leading to a default judgment on June 7, 2006, which deemed all allegations admitted. The Pennsylvania Supreme Court found that the respondent had engaged in dishonesty and fraud, specifically defrauding family members of assets worth over $2.4 million, based on a civil verdict that found him liable for breach of fiduciary duty and fraud. The court concluded that such actions violated Pennsylvania's RPC 8.4(c), justifying disbarment. Under Colorado's rules, a final adjudication of misconduct in another jurisdiction establishes grounds for disciplinary action in Colorado. The judge confirmed that the respondent's actions violated Colorado's RPC 8.4(c) as well. The Hearing Board is mandated to impose the same discipline as the foreign jurisdiction unless certain exceptions apply, none of which were found to be relevant in this case. Thus, disbarment was imposed. Regulation Counsel did not pursue a different disciplinary action, and the respondent did not contest the order from the Pennsylvania Supreme Court. Consequently, the Presiding Disciplinary Judge imposed the same discipline—disbarment—without a hearing. The disciplinary system aims to protect the public from lawyers who present a danger, particularly those licensed in Colorado but practicing elsewhere. The respondent, William B. Kiesewetter, committed fraud against family members and misappropriated funds. His lack of participation in the proceedings or challenge to the Pennsylvania disbarment left the Court with no alternative but to impose identical sanctions. The Court orders that Kiesewetter is disbarred from practicing law in Colorado, effective in 31 days, and his name will be removed from the attorney roster. He is also required to pay the costs of the proceedings, with the People to submit a Statement of Costs within 15 days, allowing Kiesewetter 10 days to respond. The Court includes the Pennsylvania Supreme Court's opinion with its report.