PEOPLE v. GAHAGAN, 02PDJ082 (Colo.O.P.D.J. 4-7-2003)

The Presiding Disciplinary Judge approved the parties' Conditional Admission of Misconduct and suspended Respondent, Daniel S. Gahagan, attorney registration number 27026, from the practice of law for a period of one year and one day with all but forty-five days stayed during a one-year period of probation and subject to conditions. Respondent represented himself and his family members in an appeal of a civil forfeiture action brought by the United States Attorney in the Eastern District of Michigan. The case was appealed to the United States Court of Appeals, Sixth Judicial District. In a letter brief filed with the Court of Appeals, the respondent made a misrepresentation, which — it was stipulated — resulted from his haste in preparing the brief and his failure to reflect adequately on what he was including in the brief. Respondent's conduct constituted a violation of Colo. RPC 8.4(c). The parties' stipulated that the period of suspension would commence on May 15, 2003. Respondent was ordered to pay the costs of the proceeding.