PEOPLE v. MARTIN, 10PDJ124 (Colo.O.P.D.J. 12-10-2010)

10PDJ124.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado.
December 10, 2010.

Attorney Regulation.
The Presiding Disciplinary Judge approved a Conditional Admission of Misconduct submitted by the parties and suspended Ralph Martin (Attorney Registration No. 20688) from the practice of law for a period of three months, all stayed upon the successful completion of a two-year period of probation with conditions, effective November 5, 2010. On four occasions from September 2008 to April 2009, Respondent permitted his staff to pay United States Patent and Trademark Office (“USPTO”) fees with electronic funds transfers from a frozen operating account at Respondent’s former bank. The four dishonored electronic funds transfers totaled $1,944.00. The USPTO found that Respondent had violated 37 C.F.R. §§ 10.23(b)(4) and 10.23(b)(6) and suspended him for a period of twenty-four months, all stayed pending completion of a twenty-four month period of probation with conditions on October 26, 2010. Accordingly, his misconduct constituted grounds for the imposition of reciprocal discipline pursuant to C.R.C.P. 251.21(a). However, the parties stipulated that Respondent’s negligent misconduct warranted a substantially different form of discipline and agreed on the sanction set forth above.

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