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Our nation is so dependent on its lawyers, that
their ethical problems transform themselves
into public difficulties. Put simply: the
ethical problems of lawyers are social and
political problems for the rest of us. . . It
is, indeed, a mater of political concern when a
profession
-be
it medicine, or public administration, or law-
has been underregulated, granted too much power
and discretion. . . it is a well-known problem
that the [attorney] disciplinary system does
not work very well; in 1970, a committee of the
American Bar Association, headed by retired
Supreme Court Justice Tom Clark, described
self-regulation as a "scandalous" situation,"
finding that a "substantial number of
malefactors" continue to practice law.
[n.1] There is little
evidence suggesting any notable improvement
since then.
-
D. Luban,
Lawyers and Justice
(Princeton Univ. Press, 1988) at xviii, xxvi.
[n.1]
ABA Special Committee on Evaluation of
Disciplinary Enforcement, Problems and
Recommendations (1970), the so-called
"Clark Report." pp 1,3.
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Actual grievances and complaints
-What they actually do:
3/09/2007 article from The
Colorado Index,
entitled Corruption at the Highest Judicial Level, discussing that,
"John Gleason operates Attorney Regulation as a "paperless office," that
uniformly refuses to issue written documents to citizens who make
complaints. Some suspect the real purpose is to ensure that
Attorney Regulation leaves a minimumally [sic.] auditable paper
trail. While John Gleason speaks publicly about how tough his
office is on unethical lawyers, the paperless record is less clear."
1/23/2007 posts to
Colorado Law, Lawyers and Politics blog, entitled "Office of
Regulation Counsel - State of Co:
To expect
this entity to assist any common citizen is utter folly. I make this
statement based on my own experience (verifiable by documentation in my
possession) and numerous comments and writings of others. I invite any
reader to obtain a column/article written by Vincent Carroll dated
4/27/05, Rocky Mountain News (pertinent to Columbine utilizing the term
"whitewash", said column extrapolating to my experience. David L Purvis,
6043 Highway 60, Johnstown, Colorado 80534 . . . addendum to my comment
of 1/23/07 2035 h . . . In my belief and opinion, the office of
regulation counsel (Colorado, tax supported?) is one of the most, in my
belief and opinion, one of the most putrid, disgusting operations in
existence, and a disgrace to the decent citizens of Colorado I
anticipate attempting to find its' funding source(s). I am sure my
belief and opinion is the same as others who have interacted. I am
sugarcoating my comments and am not being as direct as I would like to
be. My opinion is supported by documentation in my possession. I will
not hide behind anonymity. David L. Purvis, 6043 Highway 60, Johnstown,
Colorado 80534. Utilization of the term "whitewash" as per my original
comment is too kind.
1/05/2007 letter
to Peter Boyles regarding the Attorney Regulation Counsel
by Ken Smith, J.D.
11/04/2006BLOG essay entitled,
Head of Attorney Regulation [Gleason] Simply Lied, by
Townhall.com blogger
Not Legal Roadkill Yet.
2/10/2005
Westword article by Alan Prendergast
on the Attorney Regulation Counsel's pursuit
and prosecution of court reform advocate Suzanne Shell. 12/18/2006 Opinion
and Order of the Colorado Supreme Court
finding Suzanne Shell in contempt and fining her $6,000 for the
"unauthorized practice of law."
June 2006 Letter to the Editor
of the Society of Addiction Counselors of Colorado, by Rand
Kannenberg, LAC, discussing dismissal of his complaints by Louise
Culberson Smith.
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Are
citizen complaints to the Office of Attorney
Regulation Counsel given any lesser handling
than those from attorneys?
Compare the citizen
complaints and responses thereto (hereinbelow)
to a
letter to the OARC
from Rocco F. Meconi,
a Cañon City attorney who represents the
Fremont County Department of Human Services
in D&N cases. Meconi casually inferred
unauthorized practice of law by Suzanne
Shell from her
memorandum to Brad
Redmiles
(another attorney), threatening to chronicle
his position on some then-pending matter.
Concluding his rank speculation and
innuendo, Meconi wrote, "please feel free to
construe this as a complaint." Meconi also
wrote at some length in his
letter about the best interests of, "the
child." Note, however, Meconi was
quoted in a
February 10, 2005
Westword article
as divulging, "I get paid on an hourly
basis. When [Shell]'s involved, we
always have contested hearings, and I make a
ton of money!" In response to
Meconi's interpretation of Shell's
posturing, the OARC commenced an
investigation, heralded by
memorandum dated
February 28, 2005. |
Memoranda /
complaints filed by Lewis, Halena
|
Grievance memoranda |
Response |
|
May
31st 2002
follow-up/inquiry |
July 10th
2002
Response
of Louise Culberson-Smith |
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April
26th 2002
follow-up/inquiry |
No Response |
|
March
11th 2002 complaint |
March 14th
2002
Response
of Louise Culberson-Smith (re: Glenn
E. Porzak)
March 14th
2002
Response
of Louise Culberson-Smith (re:
Victor F. Boog) |
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Memoranda /
complaints filed by Rivenburg, Rhonda
|
Grievance memoranda |
Response |
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undated
advisory-notice
that attorney Nancy J. Hutchinson
was suspended for 180 days in a
collateral proceeding (Rivernburg’s
claims, however, were dismissed) |
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January 31st
2006
follow-up
to phone call complaint |
March 28th
2006
Response
of Luain T. Hensel, assistant
regulation counsel |
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Memoranda / complaints
filed by Mann, Beverly
Memoranda / complaints filed by
Sieverding, Kay
|
Grievance memoranda |
Response |
|
Sept.
24, 2007
Reply in support of complaint
(re: Patricia Elizabeth Wittemyer)
Sept 19, 2007 complaint (re: P.
Elizabeth Wittemyer) |
Oct. 15, 2007
response from Matthew Samuelson
Sept. 20, 2007
response from Matthew Samuelson |
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Sept. 15, 2007 complaint (re:
Randall Klauzer) Sept. 6, 2007
complaint (re: Randall Klauzer) |
Oct. 15, 2007
response from Matthew
Samuelson
Sept. 24, 2007
response from Matthew
Samuelson |
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Nov. 24, 2005
Memorandum to John Gleason |
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Nov. 24, 2005 Complaint (re:
Bruce Rohde) |
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Nov. 24, 2005
Complaint (re: P. Eliz. Wittemyer) |
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Nov. 24,
2005
Reply in support
of complaint
Nov 1, 2005
Supplement
October 28, 2005
Complaint (re: Charles Turner) |
Nov. 22, 2005
response from Matthew Samuelson (re:
Charles C. Turner) |
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Sept. 12, 2005 Complaint (re:
Christopher P. Beall) |
Sept. 14, 2005 response from Matthew
Samuelson |
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March 26, 2005
Complaint (re: David Brougham) |
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March 23, 2004
complaint (re: James B. Oliphant) |
April 14, 2004
response from Matthew Samuelson |
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April 19, 2003
complaint to John Gleason (re:
J.B. Oliphant, David Brougham and
Anthony Lettunich) |
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Memoranda / complaints filed by
Thorup, Dale Kim
|
Grievance memoranda |
Response |
|
February 21st
2006
Affidavit of Thorup
(RE: Hal Lohse
and Robert Erler) |
not applicable |
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March 19th 2003
memorandum to John
Gleason (RE: Hal Lohse) |
No Response |
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January 16th 2003 telephone
Complaint
(RE: Hal Lohse) /no transcript
available |
January 22nd
2003
Response
from Louise Culberson-Smith |
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October 17th
2002 memorandum
(RE: Mag. Rober Erler & Hal Lohse) |
October 22nd
2002
Response
from John Gleason |
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Memoranda / complaints filed by Doe, John
|
Grievance memoranda |
Response |
|
February 1st,
2003
Complaint
(re: John Gleason) |
February 11th
2003
Response
from John Gleason |
|
not available |
December 23rd
2002
Response
from John Gleason |
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Memoranda /
complaints filed by White, Fleet
Russell Jr.
top
Memoranda / complaints filed
by Clements, Charles
|
Grievance memoranda |
Response |
|
June 27, 2004
Request for investigation (re:
Katherine Grier) |
unknown |
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October 12th 2004
Reply in support of Complaint |
unknown |
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May 20th 2004
complaint regarding
Thomas C. Miller (a/k/a Doc Miller) |
October 8th 2004 Response from John
Gleason |
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Memoranda / complaints filed by
Gartin, Steve
|
Grievance memoranda |
Response |
|
May 19th 2004
Reply in support of complaint
(re: Thomas Cecil "Doc" Miller,
a/k/a "Doc Miller") |
unavailable (disposition: DENIED) |
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May 14th 2004
Complaint (re: Thomas Cecil
"Doc" Miller, a/k/a "Doc Miller") |
unavailable (disposition: DENIED) |
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April 26th 2004
Complaint (re: Thomas Cecil
"Doc" Miller, a/k/a "Doc Miller") |
unavailable (disposition: DENIED) |
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Memoranda / complaints filed by Brown,
Kevin
top
Memoranda / complaints filed by
Harrington, Sean (re: Edward W. Nottingham)
|
Grievance memoranda |
Response |
|
April 01, 2008
Complaint (re: Edward W.
Nottingham) |
April 21, 2008
response from Louise
Culberson-Smith |
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Memoranda / complaints filed by Harrington, Sean (in re
Madeline Wilson)
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Grievance memoranda |
Response |
|
July
07, 2008
Request for Reconsideration
July 03, 2008 Supplement
June 26, 2008 Complaint (re: Madeline Wilson)
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July 08, 2008
blow-off by
Louise Culberson-Smith
July
02, 2008
decision by
Louise Culberson-Smith
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July 22, 2008 inquiry
May 23, 2008 inquiry
Apr. 24, 2008 complaint (re: Madeline Wilson)
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No Response
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July 02, 2008
Request for Reconsideration
Mar. 21, 2008
Supplement
Mar. 05, 2008
reply
Feb. 15, 2008
complaint (re: Madeline
Wilson)
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June 26, 2008
decision by
Louise Culberson-Smith
Feb. 27, 2008
response from
Louise Culberson-Smith
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Oct. 4, 2007
Reply to Wilson’s Answer
Sept. 11, 2007
complaint (re: Madeline
Wilson)
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Oct. 16, 2007
Decision by Louise
Culberson Smith
Oct. 3, 2007
Answer of Madeline
Wilson
Sept. 19th 2007
response from Louise
Culberson-Smith |
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August 10, 2007
Reply (re: Madeline
Wilson)
July
21, 2007
complaint (re:
Madeline Wilson)
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July 26th 2007
response from Louise
Culberson-Smith |
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January 19th,
2007
email to Justices Bender
& Coates |
No response |
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January 4th
2007
memorandum to Steven
Jacobson |
No response |
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December 10th 2006
memorandum to Steven
Jacobson, Chairman, Colorado
Supreme Court Attorney
Regulation Committee |
December 19th 2006
response from Steven
Jacobson |
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September 22nd
2006
memorandum
to Steven Jacobson,
Chairman, Colorado Supreme
Court Attorney Regulation
Committee |
No response |
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August
18th
2006
memorandum
to Steven Jacobson,
Chairman, Colorado Supreme
Court Attorney Regulation
Committee |
September 9th
2006
Response
from Steven Jacobson |
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July
28th
2006
memorandum
to Colorado Supreme Court
Justice Coates |
No response |
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July
28th
2006
memorandum
to Colorado Supreme Court
Justice Bender |
No response |
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July
21st
2006
Complaint
(re: ass’t regulation
counsel Louise
Culberson-Smith) |
August
16th
2006
Response
from John Gleason |
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July
21 2006
email
to David Stark, Chairman,
Colorado Supreme Court
Attorney Regulation Advisory
Committee
|
No response |
|
July
21st
2006
email
to Alec Rothrock (Chairman,
Colorado Bar Assoc. Ethics
Committee & Attorney
Regulation Policy
Committee-member) |
No response |
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July
20th
2006
Complaint
(re: Madeline Wilson |
No response |
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July 6th
2006
Complaint
(re: Madeline Wilson) |
No response |
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March 28th
2006
memorandum
to Colorado Supreme Court |
No response |
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March
28th
2006
Complaint
(re: Madeline Wilson) |
No response |
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January 23rd
2006
Reply
in support of December 16th
Complaint and Complaint (re:
ass’t regulation counsel
Louise Culberson-Smith) |
No response |
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December 16th
2005
Complaint
to Denver County Chief Judge
Armatas |
January 5th
2006
Response
from Judge Armatas
January 10th
Response
from Louise Culberson-Smith |
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December 8th
memorandum
to David Stark, Chairman,
Colorado Supreme Court
Attorney Regulation Advisory
Committee |
No response |
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December 8th
2005
Complaint
(re: Madeline Wilson) |
No response |
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September 12th
2005
Complaint
(re: Madeline Wilson) |
No response |
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August
22nd
2005
Complaint
(re: Madeline Wilson) |
No response |
|
August
9th
2005
memoranda
to David Stark, Chairman,
Colorado Supreme Court
Attorney Regulation Advisory
Committee |
No response |
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August
9th
2005
memoranda
to John Gleason |
No response |
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July
27th
2005
Complaint
(re: Madeline Wilson) |
No response |
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July
27th
2005
facsimile
of Madeline Wilson to John
Gleason (alleging death
threat) |
Response to Wilson, if any,
not made available |
|
July
27th
2005
email
to David Stark, Chairman,
Colorado Supreme Court
Attorney Regulation Advisory
Committee |
No response |
|
July
26th
2005
memorandum
to Colorado Supreme Court |
September 8th
2005
Response
from Colorado Supreme Court
Clerk |
|
July
26th
2005
email
to David Stark, Chairman,
Colorado Supreme Court
Attorney Regulation Advisory
Committee |
No response |
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July
25th
2005 C.R.S. § 14-10-109
C.G.I.A.
Claim Notice |
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July
21st
2005
memorandum
of thanks by Madeline Wilson
to John Gleason |
Response, if any, not made
available to Complainant,
Sean Harrington |
|
July
20th
2005
Complaint
(re: Madeline Wilson) |
No response |
|
July
12th
2005
memorandum
of Madeline Wilson to Louise
Culberson-Smith |
Response, if any, not made
available to Complainant,
Sean Harrington |
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July
12th
2005
memorandum
of Madeline Wilson to John
Gleason |
July
15th
2005
Response
from John Gleason (imposing
threat of contempt
proceedings against Harrington for exercise of
First Amendment Petitioning) |
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July 1st
2005
memorandum
to John Gleason |
No response |
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June
14th
2005
Complaint
(re: Madeline Wilson) |
June
16th
2005
Response
from Louise Culberson-Smith |
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May 31st
2005
Complaint
(re: Madeline Wilson) |
No response |
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May 15th
2005
memorandum
to John Gleason |
No response |
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April
2nd
2005
memorandum
to John Gleason |
No response |
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April
25th
memorandum
(re: April 19th
Response from Louise
Culberson-Smith)
April
8th
2005
memorandum
(re: March 30th
response from Louise
Culberson-Smith)
April
1st
2005
memorandum
(re: March 24th &
28th
responses)
March
25th
2005
memorandum (re: March
22nd
response)
March
18th
Reply
in Support of March 9th
Complaint
March
11th
2005
Complaint
(re: Madeline Wilson) |
April
19th
Response
from Louise Culberson-Smith
March
30th
Response
from Louise Culberson-Smith
March
24th
Response
from Louise Culberson-Smith
March
22nd
Response
from Louise Culberson-Smith |
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March
10th
2005
memorandum
to John Gleason |
|
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March
9th
2005
Complaint
(re: Madeline Wilson) |
March
15th
Response
from Louise Culberson-Smith |
|
March
4th
2005 C.R.S. § 14-10-109
C.G.I.A.
Claim Notice |
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March
5th
2005
Reply
in Support of February 8th
2005 Complaint
February 8th
2005
Complaint
(re: Madeline Wilson) |
March
28th
Response
from Louise Culberson-Smith
February 16th
Response
from Louise Culberson-Smith |
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November 8th
2004
memorandum
to John Gleason |
No response |
|
August
2nd
2004
memorandum
to John Gleason |
No response |
|
June
18th
2004
memorandum
to John Gleason |
No response |
|
June
10th
2004
Complaint
(re: Madeline Wilson) |
June
15th
Response
from Louise Culberson-Smith |
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September 15th
2003
memorandum
to John Gleason |
September 29th
2003
Response
from John Gleason |
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September 15th 2003
Reply
to Louise Culberson-Smith
August
20th
2003
Supplement
to August 4th Complaint
August
6th
2003
Supplement
to August 4th
Complaint
August
4th
2003
Complaint
(re: Madeline Wilson) |
August
26th
2003
Response
from Louise Culberson-Smith
August
21st
2003
Response
from Louise Culberson-Smith |
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August
21st
2001
Reply
to James Coyle
August
15th
2001
Supplement
to August 8th
Complaint
August
9th
2001
Supplement
to August 8th
Complaint
August 8th
2001
Complaint
(re: Madeline Wilson) |
August 21st
2001
Response
from James Coyle
August
14th
2001
Response
from James Coyle |
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