importance of mitigating factors (Colorado) · Go Syfert
← Colorado issues

importance of mitigating factors in Colorado

57 Colorado opinions name it 2 courts 2011–2022 2 in the last five years

The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (30)

CaseFollowedCited
In re Attorney F.green
colo · 2012 · cited in 55 Colorado opinions naming this issue, 2013–2022
2 sentences

2022We therefore decline to apply this mitigating factor. 16 See " Opinion and Decision Imposing Sanctions Under C.R.C.P. 251.19 (b) " at 30-31 . 17 See ABA Annotated Standards for Imposing Lawyer Sanctions at 470 ( noting that a lawyer's refusal to acknowledge the wrongful nature should not automatically be considered an aggravating factor ) . 18 See In re Attorney F. , 2012 CO 57 , ¶ 20 , 285 P.3d 322 ; Fischer , 89 P.3d at 822 ( finding that a hearing board had overemphasized the presumptive sanction and undervalued the importance of mitigating factors in determining the needs of the public ) .

2022We therefore decline to apply this mitigating factor. 16 See " Opinion and Decision Imposing Sanctions Under C.R.C.P. 251.19 (b) " at 30-31 . 17 See ABA Annotated Standards for Imposing Lawyer Sanctions at 470 ( noting that a lawyer's refusal to acknowledge the wrongful nature should not automatically be considered an aggravating factor ) . 18 See In re Attorney F. , 2012 CO 57 , ¶ 20 , 285 P.3d 322 ; Fischer , 89 P.3d at 822 ( finding that a hearing board had overemphasized the presumptive sanction and undervalued the importance of mitigating factors in determining the needs of the public ) .

5355
In Re Fischergreen
colo · 2004 · cited in 54 Colorado opinions naming this issue, 2011–2022
2 sentences

2022We therefore decline to apply this mitigating factor. 16 See " Opinion and Decision Imposing Sanctions Under C.R.C.P. 251.19 (b) " at 30-31 . 17 See ABA Annotated Standards for Imposing Lawyer Sanctions at 470 ( noting that a lawyer's refusal to acknowledge the wrongful nature should not automatically be considered an aggravating factor ) . 18 See In re Attorney F. , 2012 CO 57 , ¶ 20 , 285 P.3d 322 ; Fischer , 89 P.3d at 822 ( finding that a hearing board had overemphasized the presumptive sanction and undervalued the importance of mitigating factors in determining the needs of the public ) .

2022We therefore decline to apply this mitigating factor. 16 See " Opinion and Decision Imposing Sanctions Under C.R.C.P. 251.19 (b) " at 30-31 . 17 See ABA Annotated Standards for Imposing Lawyer Sanctions at 470 ( noting that a lawyer's refusal to acknowledge the wrongful nature should not automatically be considered an aggravating factor ) . 18 See In re Attorney F. , 2012 CO 57 , ¶ 20 , 285 P.3d 322 ; Fischer , 89 P.3d at 822 ( finding that a hearing board had overemphasized the presumptive sanction and undervalued the importance of mitigating factors in determining the needs of the public ) .

4154
In Re Rosengreen
colo · 2008 · cited in 55 Colorado opinions naming this issue, 2013–2022
2 sentences

2022We therefore decline to apply this mitigating factor. 16 See " Opinion and Decision Imposing Sanctions Under C.R.C.P. 251.19 (b) " at 30-31 . 17 See ABA Annotated Standards for Imposing Lawyer Sanctions at 470 ( noting that a lawyer's refusal to acknowledge the wrongful nature should not automatically be considered an aggravating factor ) . 18 See In re Attorney F. , 2012 CO 57 , ¶ 20 , 285 P.3d 322 ; Fischer , 89 P.3d at 822 ( finding that a hearing board had overemphasized the presumptive sanction and undervalued the importance of mitigating factors in determining the needs of the public ) .

2022We therefore decline to apply this mitigating factor. 16 See " Opinion and Decision Imposing Sanctions Under C.R.C.P. 251.19 (b) " at 30-31 . 17 See ABA Annotated Standards for Imposing Lawyer Sanctions at 470 ( noting that a lawyer's refusal to acknowledge the wrongful nature should not automatically be considered an aggravating factor ) . 18 See In re Attorney F. , 2012 CO 57 , ¶ 20 , 285 P.3d 322 ; Fischer , 89 P.3d at 822 ( finding that a hearing board had overemphasized the presumptive sanction and undervalued the importance of mitigating factors in determining the needs of the public ) .

3855
People v. McGrathgreen
colo · 1989 · cited in 2 Colorado opinions naming this issue, 2013–2022
2 sentences

2022We therefore decline to apply this mitigating factor. 16 See " Opinion and Decision Imposing Sanctions Under C.R.C.P. 251.19 (b) " at 30-31 . 17 See ABA Annotated Standards for Imposing Lawyer Sanctions at 470 ( noting that a lawyer's refusal to acknowledge the wrongful nature should not automatically be considered an aggravating factor ) . 18 See In re Attorney F. , 2012 CO 57 , ¶ 20 , 285 P.3d 322 ; Fischer , 89 P.3d at 822 ( finding that a hearing board had overemphasized the presumptive sanction and undervalued the importance of mitigating factors in determining the needs of the public ) .

2022We therefore decline to apply this mitigating factor. 16 See " Opinion and Decision Imposing Sanctions Under C.R.C.P. 251.19 (b) " at 30-31 . 17 See ABA Annotated Standards for Imposing Lawyer Sanctions at 470 ( noting that a lawyer's refusal to acknowledge the wrongful nature should not automatically be considered an aggravating factor ) . 18 See In re Attorney F. , 2012 CO 57 , ¶ 20 , 285 P.3d 322 ; Fischer , 89 P.3d at 822 ( finding that a hearing board had overemphasized the presumptive sanction and undervalued the importance of mitigating factors in determining the needs of the public ) .

22
People v. Shockgreen
colo · 1999 · cited in 2 Colorado opinions naming this issue, 2015–2018
2 sentences

2018In re Attorney F. , 285 P.3d at 327 (quoting In re Rosen , 198 P.3d 116 , 121 (Colo. 2008) ). 970 P.2d 966 , 966-67 (Colo. 1999).

2015In re Attorney F., 285 P.3d at 327 (quoting People v. Rosen, 198 P.3d 116, 121 (Colo.2008)). . 970 P.2d 966, 966-68 (Colo.1999). . 967 P.2d 1038, 1042 (Colo.1998). . 933 P.2d 1295, 1305 (Colo.1997). . 8 P.3d 427, 427 (Colo.1999). .

12
People v. Hardinggreen
colo · 1998 · cited in 2 Colorado opinions naming this issue, 2013–2018
2 sentences

2018In re Attorney F. , 285 P.3d at 327 (quoting In re Rosen , 198 P.3d 116 , 121 (Colo. 2008) ). 967 P.2d 153 , 154-55 (Colo. 1999).

2013In re Rosen, 198 P.3d at 121. . 780 P.2d 492, 493-94 (Colo.1989). . 854 P.2d 217, 223 (Colo.1993); see also People v. Harding, 967 P.2d 153, 155 (Colo.1998) (suspending for a year and a day a lawyer who used client funds for his own purposes, knowingly disobeyed a court order, and engaged in conduct prejudicial to the administration of justice, among other misconduct); People v. Zimmermann, 922 P.2d 325, 328 (Colo.1996) (suspending for a year and a day a lawyer who, for more than three years, "consistently mismanaged his trust account, commingled funds that should have been deposited in either

12
People v. Schmadgreen
colo · 1990 · cited in 1 Colorado opinions naming this issue, 2022–2022
2 sentences

2022The McGrath court noted no mitigating factors. 34 793 P.2d 1162, 1164 ( Colo. 1990 ) . 35 Id. at 1163 . 36 Id. at 1164 .

2022The McGrath court noted no mitigating factors. 34 793 P.2d 1162, 1164 ( Colo. 1990 ) . 35 Id. at 1163 . 36 Id. at 1164 .

11
People v. Dietersgreen
colo · 1994 · cited in 1 Colorado opinions naming this issue, 2021–2021
1 sentence

2021The hearing board in that case found that Respondent violated Colo. RPC 8.4 (c) and Colo. RPC 8.4 (d) . 71 See Ex. 11 . 72 See ABA Annotated Standards for Imposing Lawyer Sanctions at 463 ( noting that aggravation under ABA Standard 9.22 (c) may include misconduct other than the charged violations ) . 73 See In re Attorney F. , 2012 CO 57 , ¶ 20 , 285 P.3d 322 ; In re Fischer , 89 P.3d 817, 822 ( Colo. 2004 ) ( finding that a hearing board had overemphasized the presumptive sanction and undervalued the importance of mitigating factors in determining the needs of the public ) . 74 In re Attorne

11
People v. Wilsongreen
colo · 1992 · cited in 1 Colorado opinions naming this issue, 2021–2021
1 sentence

2021The hearing board in that case found that Respondent violated Colo. RPC 8.4 (c) and Colo. RPC 8.4 (d) . 71 See Ex. 11 . 72 See ABA Annotated Standards for Imposing Lawyer Sanctions at 463 ( noting that aggravation under ABA Standard 9.22 (c) may include misconduct other than the charged violations ) . 73 See In re Attorney F. , 2012 CO 57 , ¶ 20 , 285 P.3d 322 ; In re Fischer , 89 P.3d 817, 822 ( Colo. 2004 ) ( finding that a hearing board had overemphasized the presumptive sanction and undervalued the importance of mitigating factors in determining the needs of the public ) . 74 In re Attorne

11
People v. Zimmermanngreen
colo · 1998 · cited in 1 Colorado opinions naming this issue, 2021–2021
2 sentences

2021The hearing board in that case found that Respondent violated Colo. RPC 8.4 (c) and Colo. RPC 8.4 (d) . 71 See Ex. 11 . 72 See ABA Annotated Standards for Imposing Lawyer Sanctions at 463 ( noting that aggravation under ABA Standard 9.22 (c) may include misconduct other than the charged violations ) . 73 See In re Attorney F. , 2012 CO 57 , ¶ 20 , 285 P.3d 322 ; In re Fischer , 89 P.3d 817, 822 ( Colo. 2004 ) ( finding that a hearing board had overemphasized the presumptive sanction and undervalued the importance of mitigating factors in determining the needs of the public ) . 74 In re Attorne

2021The hearing board in that case found that Respondent violated Colo. RPC 8.4 (c) and Colo. RPC 8.4 (d) . 71 See Ex. 11 . 72 See ABA Annotated Standards for Imposing Lawyer Sanctions at 463 ( noting that aggravation under ABA Standard 9.22 (c) may include misconduct other than the charged violations ) . 73 See In re Attorney F. , 2012 CO 57 , ¶ 20 , 285 P.3d 322 ; In re Fischer , 89 P.3d 817, 822 ( Colo. 2004 ) ( finding that a hearing board had overemphasized the presumptive sanction and undervalued the importance of mitigating factors in determining the needs of the public ) . 74 In re Attorne

11
People v. Redmangreen
colo · 1995 · cited in 1 Colorado opinions naming this issue, 2021–2021
2 sentences

2021The hearing board in that case found that Respondent violated Colo. RPC 8.4 (c) and Colo. RPC 8.4 (d) . 71 See Ex. 11 . 72 See ABA Annotated Standards for Imposing Lawyer Sanctions at 463 ( noting that aggravation under ABA Standard 9.22 (c) may include misconduct other than the charged violations ) . 73 See In re Attorney F. , 2012 CO 57 , ¶ 20 , 285 P.3d 322 ; In re Fischer , 89 P.3d 817, 822 ( Colo. 2004 ) ( finding that a hearing board had overemphasized the presumptive sanction and undervalued the importance of mitigating factors in determining the needs of the public ) . 74 In re Attorne

2021The hearing board in that case found that Respondent violated Colo. RPC 8.4 (c) and Colo. RPC 8.4 (d) . 71 See Ex. 11 . 72 See ABA Annotated Standards for Imposing Lawyer Sanctions at 463 ( noting that aggravation under ABA Standard 9.22 (c) may include misconduct other than the charged violations ) . 73 See In re Attorney F. , 2012 CO 57 , ¶ 20 , 285 P.3d 322 ; In re Fischer , 89 P.3d 817, 822 ( Colo. 2004 ) ( finding that a hearing board had overemphasized the presumptive sanction and undervalued the importance of mitigating factors in determining the needs of the public ) . 74 In re Attorne

11
People v. Rossgreen
colo · 1994 · cited in 1 Colorado opinions naming this issue, 2021–2021
1 sentence

2021The hearing board in that case found that Respondent violated Colo. RPC 8.4 (c) and Colo. RPC 8.4 (d) . 71 See Ex. 11 . 72 See ABA Annotated Standards for Imposing Lawyer Sanctions at 463 ( noting that aggravation under ABA Standard 9.22 (c) may include misconduct other than the charged violations ) . 73 See In re Attorney F. , 2012 CO 57 , ¶ 20 , 285 P.3d 322 ; In re Fischer , 89 P.3d 817, 822 ( Colo. 2004 ) ( finding that a hearing board had overemphasized the presumptive sanction and undervalued the importance of mitigating factors in determining the needs of the public ) . 74 In re Attorne

11
In Re Greengreen
colo · 2000 · cited in 1 Colorado opinions naming this issue, 2016–2016
1 sentence

2016In re Attorney F., 285 P.3d at 327 (quoting Rosen, 198 P.3d at 121 ) . 11 P.3d 1078, 1089 (Colo.2000). . 936 P.2d 576, 578-79 (Colo.1997). .

11
In Re Kearnsgreen
colo · 1999 · cited in 1 Colorado opinions naming this issue, 2016–2016
1 sentence

2016In re Attorney F., 285 P.3d at 327 (quotmg In re Rosen, 198 P.3d 116, 121 (Colo.2008)). . 991 P.2d 824, 825-27 (Colo.1999) (heavily weighing ABA Standard 9.32(k) in publicly censuring a lawyer who was convicted of felony vehicular assault and driving under the influence and who was sentenced to three years' imprisonment and two years' parole}. . 55 P.3d 126, 127-28 (Colo.2002). .

11
In Re DeRosegreen
colo · 2002 · cited in 1 Colorado opinions naming this issue, 2016–2016
1 sentence

2016In re Attorney F., 285 P.3d at 327 (quotmg In re Rosen, 198 P.3d 116, 121 (Colo.2008)). . 991 P.2d 824, 825-27 (Colo.1999) (heavily weighing ABA Standard 9.32(k) in publicly censuring a lawyer who was convicted of felony vehicular assault and driving under the influence and who was sentenced to three years' imprisonment and two years' parole}. . 55 P.3d 126, 127-28 (Colo.2002). .

11
People v. Sathergreen
colo · 1997 · cited in 1 Colorado opinions naming this issue, 2016–2016
1 sentence

2016In re Attorney F., 285 P.3d at 327 (quoting Rosen, 198 P.3d at 121 ) . 11 P.3d 1078, 1089 (Colo.2000). . 936 P.2d 576, 578-79 (Colo.1997). .

11
In Re Demaraygreen
colo · 1999 · cited in 1 Colorado opinions naming this issue, 2015–2015
1 sentence

2015In re Attorney F., 285 P.3d at 327 (quoting People v. Rosen, 198 P.3d 116, 121 (Colo.2008)). . 970 P.2d 966, 966-68 (Colo.1999). . 967 P.2d 1038, 1042 (Colo.1998). . 933 P.2d 1295, 1305 (Colo.1997). . 8 P.3d 427, 427 (Colo.1999). .

11
In re Olsengreen
colo · 2014 · cited in 1 Colorado opinions naming this issue, 2015–2015
1 sentence

2015In re Attorney F., 285 P.3d at 327 (quoting In re Rosen, 198 P.3d 116, 121 (Colo.2008)). , - In re Olsen, 326 P.3d 1004, 1009 (Colo.2014). .

11
People v. Reynoldsgreen
colo · 1997 · cited in 1 Colorado opinions naming this issue, 2015–2015
1 sentence

2015In re Attorney F., 285 P.3d at 327 (quoting People v. Rosen, 198 P.3d 116, 121 (Colo.2008)). . 970 P.2d 966, 966-68 (Colo.1999). . 967 P.2d 1038, 1042 (Colo.1998). . 933 P.2d 1295, 1305 (Colo.1997). . 8 P.3d 427, 427 (Colo.1999). .

11
In Re Cardwellgreen
colo · 2002 · cited in 1 Colorado opinions naming this issue, 2015–2015
1 sentence

2015In re Attorney F., 285 P.3d at 327 (quoting People v. Rosen, 198 P.3d 116, 121 (Colo.2008)). . 50 P.3d 897, 905-06 (Colo.2002). .

11
In Re Greengreen
colo · 1999 · cited in 1 Colorado opinions naming this issue, 2015–2015
1 sentence

2015See Green, 982 P.2d at 839 (noting that the hearing board deemed the respondent attorney's children to be vulnerable victims). . - See In re Attorney F., 285 P.3d 322, 327 (Colo.2012); In re Fischer, 89 P.3d 817, 822 (Colo.2004) (finding that a hearing board had overemphasized the presumptive sanction and undervalued the importance of mitigating factors in determining the needs of the public). .

11
People v. Hendersongreen
colo · 1998 · cited in 1 Colorado opinions naming this issue, 2015–2015
1 sentence

2015In re Attorney F., 285 P.3d at 327 (quoting People v. Rosen, 198 P.3d 116, 121 (Colo.2008)). . 970 P.2d 966, 966-68 (Colo.1999). . 967 P.2d 1038, 1042 (Colo.1998). . 933 P.2d 1295, 1305 (Colo.1997). . 8 P.3d 427, 427 (Colo.1999). .

11
People v. Moskowitzgreen
colo · 1997 · cited in 1 Colorado opinions naming this issue, 2014–2014
1 sentence

2014In re Attorney F., 285 P.3d at 327 ; In re Rosen, 198 P.3d 116, 121 (Colo.2008). . 944 P.2d 76, 77 (Colo.1997). .

11
In Re Depewgreen
kan · 2010 · cited in 1 Colorado opinions naming this issue, 2014–2014
2 sentences

2014See People v. Musick, 960 P.2d 89, 92 (Colo.1998) (deeming the actual nature of the respondent's behavior more significant than the presence or absence of a criminal charge); see also In re Depew, 290 Kan. 1057 , 237 P.3d 24, 35 (2010) (approving of the application of ABA Standard 9.22(k), even though the respondent was not charged or convicted of conduct considered illegal); In re Kamb, 177 Wash.2d 851 , 305 P.3d 1091, 1099 (2013) ("[An attorney may be sanctioned for committing a crime for which he was never charged."). , See In re Attorney F., 285 P.3d 322, 327 (Colo. 2012); In re Fischer, 8

2014See People v. Musick, 960 P.2d 89, 92 (Colo.1998) (deeming the actual nature of the respondent's behavior more significant than the presence or absence of a criminal charge); see also In re Depew, 290 Kan. 1057 , 237 P.3d 24, 35 (2010) (approving of the application of ABA Standard 9.22(k), even though the respondent was not charged or convicted of conduct considered illegal); In re Kamb, 177 Wash.2d 851 , 305 P.3d 1091, 1099 (2013) ("[An attorney may be sanctioned for committing a crime for which he was never charged."). , See In re Attorney F., 285 P.3d 322, 327 (Colo. 2012); In re Fischer, 8

11
In re the Disciplinary Proceeding Against Kambgreen
wash · 2013 · cited in 1 Colorado opinions naming this issue, 2014–2014
2 sentences

2014See People v. Musick, 960 P.2d 89, 92 (Colo.1998) (deeming the actual nature of the respondent's behavior more significant than the presence or absence of a criminal charge); see also In re Depew, 290 Kan. 1057 , 237 P.3d 24, 35 (2010) (approving of the application of ABA Standard 9.22(k), even though the respondent was not charged or convicted of conduct considered illegal); In re Kamb, 177 Wash.2d 851 , 305 P.3d 1091, 1099 (2013) ("[An attorney may be sanctioned for committing a crime for which he was never charged."). , See In re Attorney F., 285 P.3d 322, 327 (Colo. 2012); In re Fischer, 8

2014See People v. Musick, 960 P.2d 89, 92 (Colo.1998) (deeming the actual nature of the respondent's behavior more significant than the presence or absence of a criminal charge); see also In re Depew, 290 Kan. 1057 , 237 P.3d 24, 35 (2010) (approving of the application of ABA Standard 9.22(k), even though the respondent was not charged or convicted of conduct considered illegal); In re Kamb, 177 Wash.2d 851 , 305 P.3d 1091, 1099 (2013) ("[An attorney may be sanctioned for committing a crime for which he was never charged."). , See In re Attorney F., 285 P.3d 322, 327 (Colo. 2012); In re Fischer, 8

11
People v. Musickgreen
colo · 1998 · cited in 1 Colorado opinions naming this issue, 2014–2014
11
People v. Kolbjornsengreen
colo · 1996 · cited in 1 Colorado opinions naming this issue, 2013–2013
11
People v. Wechslergreen
colo · 1993 · cited in 1 Colorado opinions naming this issue, 2013–2013
11
People v. Zimmermanngreen
colo · 1996 · cited in 1 Colorado opinions naming this issue, 2013–2013
11
People v. Woodrumgreen
colo · 1996 · cited in 1 Colorado opinions naming this issue, 2013–2013
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
People v. Stauffer green
colo · 1993
2 sentences

2021The hearing board in that case found that Respondent violated Colo. RPC 8.4 (c) and Colo. RPC 8.4 (d) . 71 See Ex. 11 . 72 See ABA Annotated Standards for Imposing Lawyer Sanctions at 463 ( noting that aggravation under ABA Standard 9.22 (c) may include misconduct other than the charged violations ) . 73 See In re Attorney F. , 2012 CO 57 , ¶ 20 , 285 P.3d 322 ; In re Fischer , 89 P.3d 817, 822 ( Colo. 2004 ) ( finding that a hearing board had overemphasized the presumptive sanction and undervalued the importance of mitigating factors in determining the needs of the public ) . 74 In re Attorne

2021The hearing board in that case found that Respondent violated Colo. RPC 8.4 (c) and Colo. RPC 8.4 (d) . 71 See Ex. 11 . 72 See ABA Annotated Standards for Imposing Lawyer Sanctions at 463 ( noting that aggravation under ABA Standard 9.22 (c) may include misconduct other than the charged violations ) . 73 See In re Attorney F. , 2012 CO 57 , ¶ 20 , 285 P.3d 322 ; In re Fischer , 89 P.3d 817, 822 ( Colo. 2004 ) ( finding that a hearing board had overemphasized the presumptive sanction and undervalued the importance of mitigating factors in determining the needs of the public ) . 74 In re Attorne

12021–2021
Matter of Cimino green
colo · 2000
1 sentence

2018In re Attorney F. , 2012 CO 57 ¶ 20, 285 P.3d 322 (quoting In re Rosen , 198 P.3d 116 , 121 (Colo. 2008) ). 3 P.3d 398 , 399 (Colo. 2000).

12018–2018
ATTORNEY GRIEV. COMM'N OF MARYLAND v. Protokowicz green
md · 1993
2 sentences

2018In re Attorney F. , 285 P.3d at 327 (quoting In re Rosen , 198 P.3d 116 , 121 (Colo. 2008) ). 329 Md. 252 , 619 A.2d 100 (1993).

2018In re Attorney F. , 285 P.3d at 327 (quoting In re Rosen , 198 P.3d 116 , 121 (Colo. 2008) ). 329 Md. 252 , 619 A.2d 100 (1993).

12018–2018
People v. Roehl green
colo · 1983
1 sentence

2018In re Attorney F. , 285 P.3d at 327 (quoting In re Rosen , 198 P.3d 116 , 121 (Colo. 2008) ). 655 P.2d 1381 , 1382-83 (Colo. 1983).

12018–2018
People v. Redman green
colo · 1991
1 sentence

2015In re Attorney F., 285 P.3d at 327 (quoting In re Rosen, 198 P.3d 116, 121 (Colo.2008)). . 819 P.2d 495 (Colo.1991). .

12015–2015

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