Colorado Supreme Court denies request to suspend district attorney’s law license temporarily

FREMONT COUNTY, Colo. (KRDO) -- Weeks before the Colorado Office of Attorney Regulation Counsel (OARC) filed formal papers to try and suspend 11th Judicial District Attorney Linda Stanley's law license, they attempted to suspend it on an "interim basis." The purpose of this was because the OARC believed Stanley's conduct "is causing or has caused substantial public or private harm," or has "engaged in conduct that poses a substantial threat to the administration of justice."

Republican District Attorney Linda Stanley, who carries a caseload in four counties, has been under state investigation for nearly two years after nine different complaints were filed by members of law enforcement, former judges, defense attorneys, and citizens of Colorado.

In court documents obtained by KRDO13 Investigates, the OARC's attempts to suspend Stanley's license on an "interim basis" were connected to pre-trial public statements she made before trial in two separate criminal cases.

Those cases involve the high-profile murder case against Chaffee County husband Barry Morphew, and the alleged murder of a young child in Cañon City, and the criminal cases against the baby's mother and her boyfriend.

On August 11, the OARC submitted a document to the "Presiding Disciplinary Judge" alleging that Stanley's comments in these criminal cases could "either erode the criminal defendants’ due process rights and their right to a fair and impartial jury or it will result in the dismissal or downgrading of charges against the criminal defendants," the document states.

After a hearing was conducted in early September, the Presiding Disciplinary Judge, Byron Large, submitted a report to the Colorado Supreme Court recommending that Stanley's law license be suspended on an interim basis, or while the OARC continues their formal investigation into the complaints lodged against the elected DA.

In Large's report, he found that Stanley's comments to KRDO13 Investigates in the baby death case have "caused and continue to cause private harm." He found that her comments have made it difficult to have due process, the right to a fair jury trial, and empaneling an impartial jury pool in the criminal cases against Brook Crawford and William Jacobs.

He also concluded there was substantial public harm to the administration of justice in this Fremont County court case.

Large said Stanley's comments "have irreparably altered the legal landscape for handling these cases, requiring, at a minimum, a substantial outlay of judicial resources to attempt to address the effects of her statements."

The Presiding Disciplinary Judge concluded his reporting by saying he, "has no choice but to conclude that this is a lawyer who, despite a previous warning, appears to have lost sight of her duty when engaging with the media to see that justice is done by seeking the truth of the matter. In doing so, she harms individuals, her community, and our system of justice," the report states.

On September 15, Judge Byron Large recommended to the Colorado Supreme Court that Stanley's law license be suspended, in turn granting the OARC's petition to suspend it on an interim basis.

After Stanley and her attorney filed a rebuttal document, which is not publicly accessible, the Colorado Supreme Court rendered their decision on October 12.

In a brief court document, the seven Colorado Supreme Court judges denied the OARC's request to suspend the district attorney's law license. Their decision, which did not explain how or why they reached this decision, went against the recommendation of Judge Large's recommendation.

If the Colorado Supreme Court would have temporarily suspended Stanley's law license, Large's report claimed it would not have removed her from her office

18 days later, the OARC filed a formal complaint against DA Stanley, alleging similar violations of pre-trial publicity rules for elected district attorneys. Stanley, and her attorney, were required to submit their own response to these claims by November 28. However, she hired a new defense attorney to represent her and the judge granted an extension to December 18 for filing a response.

So what does this all mean for the citizens in Fremont, Park, Custer, and Chaffee counties where Linda Stanley acts as the District Attorney? Well, Judge Large noted in his report that temporarily suspending her law license would not mean that she has to vacate the position of the elected DA. Instead, it would bar her from actively prosecuting cases, but not from managing the "political office" she was elected to oversee by voters in her judicial district.

The Colorado District Attorneys’ Council said the following about the process of selecting a new District Attorney should the position become open.

We do not comment on ongoing investigations or cases, but as to processes the governor has the authority to appoint if a vacancy occurs. A district court judge may appoint another person in the office to perform the duties of the district attorney, if a district attorney is deemed to be absent from office. CDAC often assists and supports offices in either situation.

Tom Raynes, executive director of the Colorado District Attorneys’ Council

KRDO13 Investigates reached out to DA Stanley for comment on the Colorado Supreme Court siding with her, but we have not yet heard back.