SUPREME COURT, STATE OF COLORADO

ORIGINAL PROCEEDING IN DISCIPLINE BEFORE FILED

THE PRESIDING DISCIPLINARY JUDGE
1560 Broadway, Suite 675 SEP 08 2009
Denver, Colorado 80202 PRESIDING DISCIPLINARY JUDGE
SUPREME COURT OF COLORADO
Complainant:
THE PEOPLE OF THE STATE OF COLORADO
.... COURT USE ONLy ....
Respondent:
KEM W. SWARTS Case Number:
James S. Sudler, #08019 09 PDJ 080
Assistant Regulation Counsel
John S. Gleason, #15011
Regulation Counsel
Attorneys for Complainant
1560 Broadway, Suite 1800
Denver, Colorado 80202
Telephone: (303) 866-6400, ext. 6466
Fax No.: (303) 893-5302
COMPLAINT THIS COMPLAINT is filed pursuant to the authority of C.R.C.P. 251.9 through 251.14, and it is alleged as follows:

Jurisdiction

1. The respondent has taken and subscribed the oath of admission,

was admitted to the bar of this court on March 10, 1998, and is registered upon the official records of this court, registration no. 29242. He is subject to the jurisdiction of this court in these disciplinary proceedings. The respondent's registered business address is P.O. Box 6655, Breckenridge, Colorado 80424.

General Allegations

2. On February 9, 2009, in Case No. 08T795, Arapahoe County

Court, Andrew Steers, Deputy District Attorney, met with a person claiming to be defense counsel on behalf of a defendant in that matter, Cindy Swarts.

3. Respondent was the person who claimed he was defendant's

attorney.

4. Mr. Steers asked respondent at one point if he was an attorney and

representing the defendant. Respondent introduced himself as "the

defendant's, husband and attorney."

5. Mr. Steers asked respondent the question because he has had

issues in the past with spouses and parents acting as if they were attorneys.

6. Respondent said he was an attorney and that he was representing

the defendant, his wife in that matter.

7. On February 10, 2009, Mr. Steers received a motion from defense

counsel which appeared to be signed by counsel but does not have counsel's name on it. A copy of this motion is attached hereto as Exhibit A, and is incorporated herein by this reference.

8. Mr. Steers contacted the Colorado Supreme Court, Attorney

Registration website and confirmed that respondent's license to practice law was suspended.

9. By order of the Supreme Court respondent was suspended on

June 24, 2008, for his failure to comply with continuing legal education requirements pursuant to C.R.C.P. 260.6(10).

10. Additionally, respondent was suspended from the practice of law by the Supreme Court on August 14, 2008, for failure to timely pay his 2008 attorney registration fee as required under C.R.C.P. 227(A)(4)(a).

11. The respondent has never taken any steps to reinstate his license to practice law from these two orders of administrative suspension.

12. Pursuant to C.R.C.P. 251.10, the Office of Attorney Regulation Counsel has sent requests to respondent to his registered address asking him for his response to the above allegations.

13. The respondent : has never responded to correspondence from Attorney Regulation Counsel asking him to respond to the allegations made above.

2

CLAIM ONE

[A Lawyer Shall Not Knowingly Disobey an Obligation Under the Rules of a Tribunal - Colo. RPC 3.4(c)]

14. Paragraphs 1 through 13 are incorporated herein as if fully set

forth.

15. Colo. RPC 3.4(c) provides that a lawyer shall not knowingly disobey an obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists.

16. Each of the Supreme Court's orders suspending the respondent's license to practice law is an obligation that the respondent is obligated to obey.

17. Respondent violated his obligations to obey the Supreme Court's orders suspending his license to practice law.

18. The respondent knew, or is presumed to know, of his obligations under said rule of a tribunal.

19. Despite the respondent's knowledge of his obligations respondent knowingly violated said rule.

20. By such conduct, the respondent violated Colo. RPC 3.4(c).

WHEREFORE, the complainant prays at the conclusion hereof.

CLAIM TWO

[A Lawyer Shall Not Practice Law in a Jurisdiction Where Doing So Violates the Regulations of the Legal Profession in that Jurisdiction - Colo. RPC S.S(a)]

21. Paragraphs 1 through 20 are incorporated herein.

22. Colo. RPC 5.5(a) provides that a lawyer shall not practice law in a jurisdiction where doing so violates the regulations of the legal profession in that jurisdiction.

23. The respondent violated Colo. RPC 5.5(a) by representing his wife . in the matter in Arapahoe County.

24. WHEREFORE, the complainant prays at the conclusion hereof.

3

CLAIM THREE

[An Attorney Shall Respond to a Request By the Regulation Counsel for Information Necessary to Carry Out the Performance of Regulation

. Counsel's Duty - C.R.C.P. 251.5(d) and 251.10]

25. Paragraphs 1 through 24 are incorporated herein.

26. C.R.C.P. 251.5(d) and 251.10 require that an attorney respond to a request by the Attorney Regulation Counsel.

27. The respondent failed to respond to repeated attempts by the Office of Attorney Regulation Counsel for information from the respondent.

28. The respondent knew or should have known that he was failing to cooperate and respond to the request by Attorney Regulation Counsel.

29. By such conduct, the respondent violated C.R.C.P. 251.5(d) and 251.10.

WHEREFORE, the people pray that the respondent be found to have engaged in misconduct under C.R.C.P. 251.5 and the Colorado Rules of Professional Conduct as specified above; the respondent be appropriately disciplined for such misconduct;; the respondent be required to take any other remedial action appropriate under the circumstances; and the respondent be assessed the costs of this proceeding.

(, .. -c.f

DATED this ...... (l<,--- __ day of September, 2009.

Respectfully submitted,

. ----- ---- ---- ----- - -- --- - _unm___ - ---L--~-- - ---~--------- --- ------ --- _m_ --- -----

James S. Sudler, #08019 Assistant Regulation Counsel John S. Gleason, #15011 Regulation Counsel

Attorneys for Complainant

4

02-11 -2009 IT: 29

0,\

~t\l

ARAPAHOE COUNTY COURT. STA1'£ OF COLORADO Case No. 0817985

FROM-~~~EIIIJ COURT B

1-'v~

+303-636-20~

T-344 P.oos/ooa F-093

PEOPLE OF THE STATE OF COLORADO, Plaintiff,

MOTION FOR J)lSMISSAL

v.

Cyndi D. Swarts, Defendant.

Comes now the defendant and moves me Court to enter an order dismissing all matters for the reason that all parties, including the district attorney office, has failed 1:0 comply with the Motion for Production filed in September and served again on October 30, 2009, copies attached,

Respectfully submitted this) st day of February. 2009,

Cyndi D. Swarts

P.O. Box 6519 Breckenridge. CO 80424

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a copy of 111e foregoing was delivered to each of the fallowing addresses this l st day of February 2009, by placing such into first class mail, postage prepaid.

Arapahoe County Court 15400 E. 14th PI Aurora, CO 8001 J

Colorado Division of Motor Vehicles 1881 Pierce St

Lakewood, CO &0214

Colorado Division of Motor Vehicles Department A

Denver, CO 80243

District Attorney 15400 E 14'" PL Aurora, CO 80011

co EXHIBIT
.,
co
<Ii' A
i
Wpfdlcnuyly ~
il'i
c,