Denver Post - November 13, 2002
by James C. Turner and Suzanne M. Mishkin
The
Post's article reports that Office of Attorney Regulation head John Gleason
is "incensed" by the findings of HALT's 2002 Lawyer Discipline Report Card,
which gave Colorado an overall grade of "C."
Such knee-jerk public
defensiveness misses the point. HALT's report card found problems with Colorado's
lawyer discipline system, not with Mr. Gleason and his hard-working staff.
In
fact, only a handful of states received a higher overall grade than Colorado,
and HALT rated the state's staff and telephone services as among the best
in the country.
The failure of the attorney discipline system to
protect consumers is a nationwide problem that has been roundly criticized
for more than 30 years by everyone from U.S. Supreme Court Justice Tom Clark
to blue-ribbon committees of the American Bar Association.
There
is a continuing pattern of laxity, secrecy and delay, which is why no state
received an "A" and only one state received a "B" in HALT's report card.
Every
state, including Colorado, fell short in one or more areas. According to
ABA statistics, Colorado investigates only one in 10 complaints against attorneys,
unlike other states, where every complaint is investigated.
Colorado
also does not process complaints promptly - it takes more than 300 days to
file formal charges against an attorney and another 200 days to impose discipline
- numbers well above the national average. With staff working "up to 12 hours
a day," these shortcomings should come as no surprise to the Office of Attorney
Regulation.
These are real problems, which will not be corrected
by state officials stomping their feet like disappointed third-graders and
demanding a higher grade.
Rather than defending a broken system,
responsible lawyers, such as Mr. Gleason, should publicly recognize these
problems and join in our efforts to secure meaningful reforms.
The writers are executive director and associate counsel for HALT, An Organization of Americans for Legal Reform.
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