Colorado Supreme Court upholds disbarment of former Morphew murder case prosecutor Linda Stanley
Colorado's highest court on Monday upheld a disciplinary board's decision to disbar Linda Stanley, the former 11th Judicial District Attorney and lead prosecutor in the high-profile murder case of Barry Morphew, who's accused of killing his wife, Suzanne Morphew.
The Colorado Supreme Court voted 4-2 to uphold the disciplinary board's ruling, meaning Stanley can no longer practice law in Colorado. And while it wasn't clear if she's licensed to practice in any federal courts outside of Colorado, most states will disbar an attorney if they've been disbarred in another state.
The disbarment stems from several statements she made to the news media about the Morphew case and another case in which a man was accused of killing a baby and his girlfriend, the mother of the baby, was accused of contributing to the baby's death. Attorneys are typically prohibited from making certain types of public statements or speaking to the media about ongoing cases in certain ways.
The disciplinary board ruled that Stanley's comments about both cases contributed to the dismissal of those cases. Barry Morphew was arrested and charged again in that case earlier this year after prosecutors said they developed new evidence in the case.
Colorado's Office of Attorney Regulation Counsel, an independent office of the state Supreme Court, indicates that Stanley was admitted to the Colorado bar in 2012, and her license status is listed as "disbarred." She was also licensed to practice in U.S. District Court for the District of Colorado -- the lowest level federal court in the state -- but court records show she was administratively -- not disciplinarily -- removed for failure to pay the court's fee.
"We conclude that the (presiding disciplinary judge) did not err by refusing to disqualify himself from the entirety of Stanley's disciplinary proceeding. We also reverse the Board's determination that Stanley violated Colo. RPC 5.1(b), but we otherwise affirm the PDJ's judgment and affirm the sanction of disbarment," Justice William Hood wrote, in part, in his opinion.
Justices Maria Berkenkotter, Richard Gabriel, and Melissa Hart concurred, and Justice Brian Boatright did not participate in the case.
Justice Carlos Samour, joined by Chief Justice Monica Márquez, dissented, largely on grounds of procedures and allegations of a lack of impartiality among the discipline judges.
"We conclude that the PDJ did not err by refusing to disqualify himself from the entirety of Stanley's disciplinary proceeding. We also reverse the Board's determination that Stanley violated Colo. RPC 5.1(b), but we otherwise affirm the PDJ's judgment and affirm the sanction of disbarment," Samour wrote, in part, in his dissenting opinion.
"We're disappointed in the final result. I was trying to have the court just suspend Ms. Stanley, not disbar her," Stanley's attorney, Steven Jensen, told CBS News Colorado. He said after several years, Stanley will be eligible to reapply to the bar, but for the time being, the Colorado Supreme Court's ruling is final.
You can read the entire 63-page ruling here: