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In re Wilson6/1/1999
ingly engages in further acts of misconduct that cause injury or potential injury to a client, the public, the legal system, or the profession." ABA Standards 8.1(b). All of the acts complained of in this case, however, occurred before the imposition of discipline in 1998. In fact, as noted above, the conditional admission that was accepted in Van Buskirk expressly reserved Count III of GC 97B-63 for future Disposition. Van Buskirk's conduct in the 1998 case and this case are more properly viewed as a pattern of misconduct. See People v. Williams, 845 P.2d 1150, 1152 n.3 (Colo. 1993); ABA Standards 9.32(c). The complainant has indicated that the following mitigating factors are present in this case: Van Buskirk has made full and free disclosure to the disciplinary authorities, see id. at 9.32(e); and other penalties and sanctions have been imposed, see id. at 9.32(k).
Considering the nature of the conduct together with the factors in mitigation, we conclude that a long period of suspension, rather than disbarrment, is adequate in this case. Accordingly, we accept the conditional admission and the inquiry panel's recommendation and impose discipline in the nature of a long period of suspension.
III.
It is hereby ordered that Tom Alan Van Buskirk be suspended for three years, effective upon the date of this opinion. It is further ordered that Van Buskirk pay the costs of this proceeding in the amount of $48.13 to the Attorney Regulation Committee, 600 Seventeenth Street, Suite 200 South, Denver, Colorado 80202-5432, within thirty days after the release of this opinion.
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 They may be modified, changed or withdrawn in accordance with Rules 40 and 49 of the Colorado Appellate Rules.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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