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In re Myers5/17/1999
ple v. Myers, 908 P.2d 101, 102 (Colo. 1995). Following the misconduct in this case, Myers was charged with driving under the influence of alcohol and she failed to appear in county court for the DUI case. See People v. Myers, 969 P.2d 701, 702 (Colo. 1998). It was for this misconduct that we suspended her for a year and a day, which suspension she is currently serving. See id. Since that occurred after the events in this case, we consider that evidence of a pattern of misconduct, see ABA Standards 9.22(c), rather than previous discipline. The hearing board also found that Myers's victims were vulnerable because they very much needed the money that Johnson had stolen from them, see id. at 9.22(h). Finally, Myers obstructed the disciplinary process by asking that the hearing and the depositions be delayed until she returned from South Korea, but then failed to appear after her request was granted. See id. at 9.22(e), (f). She also had the opportunity to file a written legal argument, but did not do so. Myers did not attend the hearing or submit any evidence so no mitigating factors were found.
Considering the nature of the misconduct in this case, and the aggravating factors, we agree that a ninety-day suspension is appropriate. However, because she is now serving a suspension for a year and a day for unrelated misconduct, we have decided to make the ninety-day suspension consecutive to her year and a day suspension. See People v. Hanks, 967 P.2d 144, 146 (Colo. 1998).
III.
Accordingly, it is hereby ordered that Nancy L. Myers is suspended from the practice of law for ninety days, effective upon the expiration of the one year and one day suspension she is currently serving. It is further ordered that Myers shall pay the costs of this proceeding in the amount of $929.39 within thirty days after the announcement of this opinion to the Attorney Regulation Committee, 600 Seventeenth Street, Suite 200 South, Denver, Colorado 80202-5432.
These opinions are not final. They may be modified, changed or withdrawn in accordance with Rules 40 and 49 of the Colorado Appellate Rules. Changes to or modifications of these opinions resulting from any action taken by the Court of Appeals or the Supreme Court are not incorporated here.
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