Quimbee logo
DMCA.com Protection Status
From our private database of 17,600+ case briefs...

In re Pautler

Colorado Supreme Court
47 P.3d 1175 (Colo. 2002) (en banc)


Facts

William Neal brutally murdered three women with a wood-splitting maul and raped a fourth. Afterward, he took the fourth to her apartment and held her and two friends hostage. Meanwhile, Neal made a recording detailing his killings. When he left, he told the hostages to contact police and page him. Police arrived and paged Neal. Neal called the apartment from his cell phone and spoke to a deputy sheriff for hours. Meanwhile, Chief Deputy District Attorney Mark Pautler (respondent) went to the murder scene where he saw the three victims, the bloody maul, and eyebolts screwed to the floor. Then Pautler went to the apartment where the deputy still had Neal on the phone, encouraging him to surrender. Neal insisted he would not surrender without his attorney. Pautler called Neal’s attorney, but the number was disconnected. Neal then requested a public defender (PD). Pautler spoke with the police and agreed to impersonate a PD. The deputy told Neal a PD had just arrived and handed over the phone. Neal believed Pautler was a PD representing him, asked about his rights, and eventually surrendered. Pautler did not disclose the ruse until the real PD discovered it two weeks later. The Colorado Office of Attorney Regulation Counsel charged Pautler with ethics violations. Pautler testified that the threat of imminent harm or duress justified the ruse, and that he would do exactly the same again except he would disclose the ruse to the PD’s office afterward. Noting Pautler’s impeccable reputation and career, the board suspended Pautler for three months, stayed for one year if Pautler met ethics requirements. Pautler appealed.

Rule of Law

Issue

Holding and Reasoning (Kourlis, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 458,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 458,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,600 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers


Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial