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Practicing With Professionalism - South Carolina Bar Association

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fail to pay and finally owed in excess of $50,000 in back child<br />

support.) (suspension, one year-one day);<br />

(<br />

d. People v. Primavera, 904 P.2d 883 (Colo. 1995). (Fonner<br />

district attorney, cited for contempt for failure 'to pay child<br />

support, paid the arrearage within a few months and the contempt<br />

citation was dismissed.) (public censure);<br />

e. People v. Ko/enc, 887 P.2d 1024 (Colo. 1994). (The absence ofa<br />

contempt finding by the' trial court concerning an attorney's<br />

willful failure to pay court-ordered child support did not prevent<br />

sanctions for that misconduct; in addition, attorney failed to<br />

report driving while ability impaired and driving without a<br />

license convictions; and failed to segregate funds.) (disbarment);<br />

f. People v. Tucker, 837 P.2d 1225 (Colo. 1992). (Attorney, who<br />

claimed his failure to pay child support was not willful because<br />

of his inability to make the payments, was' shown to have<br />

manipulated his law finn and personal accounts; nonpayment<br />

was found to be·willful. Attorney argued that the failure to pay<br />

child support, standing alone, did not subject an attorney to<br />

professional discipline. The court held to the contrary, citing the<br />

attorney's disregard of a court ruling, and citing other provisions<br />

of ththe )code of Professional Responsibility.) (suspension, six (<br />

mon s.<br />

C. Other rules pertain to certification compliance with child support orders:<br />

1. Rules Governing Admission to the <strong>Bar</strong>. Rules 201.6, 201.9 on<br />

licensing, and Rule 227 on registration fees;<br />

2. Colorado Rules of ,Procedure Regarding Attorney Discipline and<br />

Disability Proceedings, Colorado Attorneys' Fund for Client<br />

Protection, and Mandatory Continuing Legal Education and Judicial<br />

Education; and<br />

3. Rule 251.8.5 relates to immediate suspension for failure to pay child<br />

support.<br />

(<br />

<strong>Professionalism</strong> CLE (2004)

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