‘SUPREME COURT, STATE OF COLORADO ORIGINAL PROCEEDING IN DISCIPLINE, FILED [BEFORE THE PRESIDING DISCIPLINARY JUDGE, 1560 Broadway, Suite 675 5 Denver, Colorado 80202 oe reson pscuny supe Rirnne couaror cosdtabo Complainant: | ‘THE PEOPLE OF THE STATE OF COLORADO ‘4 COURT USEONLY & ‘Respondent: ——— JAMES M. ZINK ‘Case Number: 10PD026 James C. Coyle, #14970 Deputy Regulation Counsel ‘Attomey for Complainant 1560 Broadway, Suite 1800 Denver, Colorado 80202 Telephone: (303) 866-6435 Fax No.: (803) 893-5302 Gordon P. Gallagher, #27291 Attomey for Respondent 754 Grand Ave. Grand Junction, CO 81501-2555 ‘Telephone: (970) 256-9191 Fax No.: (970) 256-9184 ‘Email: epglawi@aol.com ‘STIPULATION, AGREEMENT AND AFFIDAVIT CONTAINING THE RESPONDENT'S CONDITIONAL ADMISSION OF MISCONDUCT On thie 22 aay of March, 2010, James C. Cove, Deputy Regulation Counsel and attorney for the complainant, and James M. Zink, the respondent [who is represented by attorney Gordon P. Gallagher in these proceedings, enter into the following stipulation, agreement, and affidavit Containing the respondent's conditional admission of misconduct (‘tipulation”) and submit the same to the Presiding Disciplinary Judge for hie consideration. RECOMMENDATION: DISBARMENT ‘The respondent has taken and subscribed the oath of admission,was admitted to the bar of this court on May 27, 1983, and is registered as an attorney upon the official records of this court, registration no, 13044. The respondent is subject to the jurisdiction of this court and the Presiding Disciplinary Judge in these proceedings 2, The respondent enters into this stipulation freely and voluntarily. No promises have been made concerning future consideration, punishment, or lenience in the above-referenced matter. It is the respondent's personal decision, and the respondent affirms there has been no coercion or other intimidating acts by any person or agency concerning this matter. 3. This matter has not become public under the operation of C.R.C.P. 251.31(c) as amended. However, the respondent specifically acknowledges that, if the Presiding Disciplinary Judge should decide to accept this stipulation, and impose the agreed-to discipline contained herein, then this stipulation and the discipline imposed will be matters of public record. 4, The respondent is familiar with the rules of the Colorado Supreme Court regarding the procedure for discipline of attorneys and with the rights provided by those rules. The respondent acknowledges the right to a full and complete evidentiary hearing on the above-referenced complaint. At any such hearing, the respondent would have the right to be represented by counsel, present evidence, call witnesses, and cross-examine the witnesses presented by ‘the complainant. At any such formal hearing, the complainant would have the burden of proof and would be required to prove the charges contained in the complaint with clear and convincing evidence. Nonetheless, having full knowledge of the right to such a formal hearing, the respondent waives that right. 5. _ The respondent and the complainant specifically waive the right to a hearing pursuant to C.R.CP. 251.22(¢)(1) 6. The respondent and the complainant stipulate to the following facts and conclusions: '&. On or about July 20, 2009, a criminal complaint was filed against the respondent in People v. Zink, case no. DO392009CRO01053, Mesa County District Court. In said criminal complaint, the reopondent was charged with: i, Committing a class 3 felony involving possession of, with intent to manufacture and/or distribute, methamphetamine, a schedule Il controlled substance,in violation of C.R.S. §18-18-405(1), (2)(a)QAls Committing a class 3 felony involving possession of ‘more than 1 gram of psilocybin, a schedule I controlled, substance, in violation of C.RS. §18-18-405(1), (2a); iii, Committing the above-described felony offenses as a special offender by using, displaying or possessing a deadly weapon, specifically firearms, in violation of CRS. § 18-18-407(1)(; iv. Committing a second-degree petty offense, involving Possession of one ounce or less -of marijuana, in violation of C.R.S. §18-18-406(1); and ¥. Committing a second-degree petty offense, involving possession of drug paraphernalia, in violation of CRS. §18-18-428(1), On December 23, 2009, the respondent entered a plea of guilty to the first count, possession with intent to distribute methamphetamine, a schedule II controlled substance, in violation of CRS, §18-18-405(1), (2)(a)0)A), a class 3 felony, On January 12, 2010, the court reviewed respondents plea agreement, rule 11 advisement, and statements of counsel, and accepted the guilty plea tendered by the respondent. ‘The respondent is scheduled for sentencing on March 17, 2010. At the time of sentencing, the other charges to which the respondent did not plead guilty will be dismissed. The respondent and the deputy district attorney have agreed that they will present to the court that respondent receive one of the following: 5 years in the Colorado Department of Corrections plus parole, or a range of 4~6 years in the Colorado Department of Corrections plus parole; the respondent must elect which he is choosing prior to the sentencing hearing, . The respondent was also convicted on September 25, 2007 for resisting arrest (a class 2 misdemeanor) and obstructing a police officer (a class 2 misdemeanor), in 06CR1368, Mesa County Court; and for driving while ability impaired on October 2, 2007, in 0772571, Mesa County Court. Respondent failed to report these convictions within 10 days of the ‘convictions or any time thereafter. Instead, these three 2007 convictions were discovered during the People’s review of state court files after the respondent's2009 methamphetamine arrest. £ Through the respondent's conduct described above, the respondent has engaged in conduct constituting grounds for the imposition of discipline pursuant to C.R.C.P. 251.5. ‘The respondent has also violated Colo. RPC 8.4(b), 3:4(¢), and C:R.C.P. 251.20(b). 7. Pursuant to C.RC-P. 251.92, the respondent agrees to pay costs in the amount of $91.00 (a copy of the statement of costs is attached hereto as Exhibit A) incurred in conjunction with thie matter within thirty (30) days after acceptance of the stipulation by the Presiding Disciplinary Judge, made payable to Colorado Supreme Court. Attorney Regulation Offices. The respondent agrees thet statutory interest shall accrue from the date that the Presiding Disciplinary Judge accepts this stipulation. Should the respondent {ail to make payment of the aforementioned costs and interest within (30) days, the respondent specifically agrees to be responsible for all additional costs and ‘expenses, such as reasonable attorney fees and costs of collection incurred by. ‘the complainant in collecting the above stated amount. The complainant may amend the amount of the judgment for the additional costs and expenses by providing a motion and bill of costs to the Presiding Disciplinary Judge, which identifies this paragraph of the stipulation and the respondent's default on the payment. 8. This stipulation is premised and conditioned upon acceptance of the same by the Presiding Disciplinary Judge. If for any reason the stipulation, is not accepted without changes or modification, then the admissions, confessions, and stipulations made by the respondent will be of no effect. Either party will have the opportunity to accept or reject any modification. If either party rejects the modification, then the parties shall be entitled to a fall evidentiary hearing; and no confession, stipulation, or other statement made by the respondent in conjunction with this offer to accept discipline of disbarment may be subsequently used. If the stipulation is rejected, then the matter will be heard and considered pursuant to C.R.C.P. 251.18. 9. There is no complaining witness that needs to be notified regarding the proposed disposition. 10. Respondent's counsel, Gordon P. Gallagher, hereby authorizes the respondent, James M. Zink, and the non-lawyer individual in the Office of Attorney Regulation Counsel who is responsible for monitoring the conditions set forth herein to communicate directly concerning acheduling and administrative issues or questions. Respondent's counsel will be contacted concerning any substantive issue that may arise.