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People v. Fahselt3/18/1991
In this disciplinary proceeding, the disciplinary prosecutor, the attorney for the respondent, and respondent Brian K. Fahselt (the respondent) entered into a stipulation of the facts. Based upon those facts, the hearing board found as a matter of law that the respondent's conduct violated C.R.C.P. 241.6(1) and C.R.C.P. 241.6(5); that his felony conviction is a serious crime as defined by C.R.C.P. 241.16(e); and that his conduct violated DR 1-102(A)(1) and DR 1-102(A)(6). A hearing panel of the Supreme Court Grievance Committee unanimously approved the hearing board's findings and its recommendation that the respondent be publicly censured. Neither the respondent nor the assistant disciplinary counsel has excepted to the findings and recommendation of the hearing panel. We accept the recommendation of the panel to publicly censure the respondent and assess him the costs of these proceedings.
I.
The respondent was admitted to the bar of this court on November 13, 1984, is registered as an attorney upon this court's official records, and is subject to the jurisdiction of this court. C.R.C.P. 241.1(b).
The assistant disciplinary counsel and the respondent entered into an unconditional stipulation of facts and partial admission of misconduct. The hearing board also heard testimony and received exhibits to determine whether aggravating or mitigating factors existed which would affect its recommendation for the appropriate discipline. The stipulated facts entered as findings by the board are as follows.
Shortly after midnight on June 6, 1987, an automobile driven by the respondent struck a vehicle owned and operated by William A. Russell, III. Noelani Young and Kimberly Blake were passengers in Russell's vehicle and were severely injured in the collision. Russell and the respondent also sustained personal injuries. A blood sample taken at the hospital following the collision revealed that the respondent's blood-alcohol content was 0.122 grams of alcohol per one hundred milliliters of blood. The respondent did not have automobile insurance at the time of the collision.
The respondent pleaded guilty to failure to maintain compulsory insurance, contrary to section 42-4-1213, 17 C.R.S. (1984), a class 1 traffic offense. On December 15, 1988, the respondent was convicted of the following offenses in Denver district court, all arising out of the June 6, 1987, collision: (1) vehicular assault, a class 5 felony; (2) driving under the influence of intoxicating liquor, a misdemeanor; (3) reckless driving, a class 2 traffic offense; and (4) failure to maintain compulsory insurance.
For the class 5 felony vehicular assault conviction, the district judge imposed a fine of $1,000, plus a surcharge of 37% payable to the Victim's Compensation Fund. The respondent was sentenced to two years of probation for driving under the influence, as well as five days in the county jail. The jail sentence was suspended on condition that the respondent undergo an alcohol evaluation. The respondent was also ordered to perform ninety-six hours of community service in the form of pro bono legal services. For the class 2 traffic offense of reckless driving, the respondent was sentenced to one year of probation, to run consecutively to the two years of probation, and ordered to perform 304 hours of community service in the form of pro bono legal services. The respondent was sentenced to an additional one year of probation, to run consecutively to the other terms of probation, for failing to maintain compulsory insurance. Finally, the respondent was ordered to pay $2,500 to the Petitioner's Assist
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