In re Pautler
Colorado Supreme Court
47 P.3d 1175 (2002)
After William Neal murdered three women and took a fourth hostage along with two others, Chief Deputy District Attorney Mark Pautler (Pautler) went to the crime scene and then to the hostage location, where police were keeping Neal talking by phone. Neal refused to surrender without an attorney; when his actual counsel couldn't be reached and Neal asked for a public defender, Pautler agreed to impersonate one over the phone, and Neal surrendered believing Pautler represented him. Pautler never disclosed the ruse until the real public defender discovered it two weeks later. A disciplinary board found ethics violations and suspended Pautler for three months, stayed for a year conditioned on compliance with ethics requirements; Pautler appealed.
Whether an attorney may engage in dishonest conduct or misrepresent the attorney's role when dealing with an unrepresented person.