« November 2004 | Main | March 2005 »

January 2005 Archives

January 6, 2005

DISBARMENT

DISBARMENT

On November 30, 2004, the Utah Supreme Court entered an Order of Disbarment, disbarring Ray Harding, Jr. from the practice of law in Utah.

In summary:
On or about July 13, 2002, after being called to Mr. Harding’s home on a domestic disturbance call, law enforcement officers found cocaine, heroin and drug paraphernalia. Mr. Harding tested positive for cocaine, opiates, and Valium. Mr. Harding was arrested and charged with two felony criminal counts of unlawful possession or use of a controlled substance. Subsequently, Mr. Harding pled guilty to two counts of attempted possession or use of a controlled substance, a class A misdemeanor. Mr. Harding was a Fourth Judicial District Court judge for the State of Utah at the time of the criminal charges.

Aggravating factors included: After being charged, Mr. Harding continued to publicly maintain his innocence and malign his accusers for over a year. These protestations were widely reported in the media and disseminated to the general public. Mr. Harding did so with full knowledge of his culpability, as evidenced by his subsequent admission of guilt. Furthermore, despite being unable to hear cases due to the pending criminal charges, Mr. Harding continued to draw his full salary and otherwise enjoyed the emoluments of judicial office. Not only did such behavior bring disrepute upon the legal profession and undermine public confidence in the judiciary, it placed an undue burden upon his colleagues on the Fourth Judicial District Court and adversely affected those citizens served by that court. Compounding these abuses, Mr. Harding delayed his decision to resign until the last possible moment, and only did so under intense media coverage of the looming dual threat of impeachment by the Legislature and removal by the Utah Supreme Court.

RECIPROCAL DISCIPLINE

RECIPROCAL DISCIPLINE

On November 4, 2004, the Honorable Sheila K. McCleve, Third Judicial District Court, entered an Order of Discipline: Disbarment disbarring Ben D. Hyde from the practice of law in Utah.

In summary:
On July 21, 1998, the Supreme Court of California entered an order disbarring Mr. Hyde from the practice of law in California. Mr. Hyde’s misconduct in California included willful failure to comply with orders issued by the Supreme Court directing him to wind down his practice and notify clients of a previous suspension.

INTERIM SUSPENSION

INTERIM SUSPENSION

On December 13, 2004, the Honorable Joseph C. Fratto, Jr., Third Judicial District Court, entered an Order of Interim Suspension Pursuant to Rule 18 of the Rules of Lawyer Discipline and Disability immediately suspending Geoffrey L. Clark from the practice of law in Utah pending final disposition of the disciplinary complaints against him.

In summary:
On November 19, 2004, criminal charges were filed against Mr. Clark on two felony counts, i.e. distribution of or arranging to distribute a controlled substance and possession and possession or use of a controlled substance (Prior). Subsequent to this, on November 20, 2004, another felony charge of making false or inconsistent statements was filed against Mr. Clark.

On March 18, 2004, Mr. Clark had been previously convicted of the criminal misdemeanor charges of interfering with a legal arrest, driving with measurable controlled substance, possession of a controlled substance without container, and driving on revocation. And, on June 21, 2004, Mr. Clark pled guilty in justice court to charges of speeding and driving on a suspended license.

Mr. Clark does not in any way admit that he has committed the crimes which are the basis of the pending criminal charges against him. However, given the totality of the circumstances, Mr. Clark did not contest the Court’s entry of the Rule 18 order.

NOTICE OF PETITION FOR REINSTATEMENT

NOTICE OF PETITION FOR REINSTATEMENT

Pursuant to Rule 25(d), Rules of Lawyer Discipline and Disability, the Utah State Bar’s Office of Professional Conduct hereby publishes notice of a Petition for Reinstatement (“Petition”) filed by Robert Louis Booker in In re Robert Booker, Third Judicial District Court, Civil No. 020907926 on December 6, 2004. Any individuals wishing to oppose or concur with the Petition are requested to do so within thirty days of the date of this publication by filing notice with the District Court.

About January 2005

This page contains all entries posted to Utah State Bar News & Announcements in January 2005. They are listed from oldest to newest.

November 2004 is the previous archive.

March 2005 is the next archive.

Many more can be found on the main index page or by looking through the archives.

The Utah State Bar presents this web site as a service to our members and to the public. Information presented in this site is NOT legal advice. Please review the Terms of Use for more policy, disclaimer & liability information - ©Utah State Bar email: info@utahbar.org