## Facts

- A murder suspect remained at large after killing a woman and leaving her body in a church.
- The suspect contacted law enforcement and expressed willingness to surrender but demanded to speak with an attorney.
- A deputy district attorney communicated with the suspect and falsely claimed to be a public defender to gain the suspect’s trust and secure a peaceful surrender.
- After the suspect surrendered, he was advised of his rights and provided counsel.
- Disciplinary proceedings were brought against the prosecutor for the deception used during the surrender negotiations.

## Issues

1. Whether a prosecutor violates rules of professional conduct by deceiving a suspect into believing the prosecutor is the suspect’s attorney.
2. Whether public safety concerns or investigative necessity justify a prosecutor’s intentional misrepresentation to a criminal suspect.
3. What level of discipline is appropriate for such misconduct.

## Decision

- The Colorado Supreme Court found that the prosecutor committed professional misconduct by misrepresenting his identity as a public defender.
- The Court rejected arguments that the deception was justified by public safety concerns or the goal of obtaining a nonviolent surrender.
- The Court imposed professional discipline (a public censure) rather than suspension, citing factors such as the prosecutor’s intent to protect the public and the absence of proven prejudice to the criminal case.

## Legal Principles

- A lawyer may not knowingly make false statements of material fact or engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.
- Prosecutors are held to strict standards of honesty because their role carries special duties to the justice system, not merely to secure arrests or convictions.
- Public safety objectives do not create a general exemption from core prohibitions on attorney deception, particularly when the deception exploits the attorney-client relationship.
- In determining discipline, courts consider the nature of the misconduct, the lawyer’s mental state, actual or potential harm, and aggravating or mitigating factors.

## Conclusion

The court disciplined a prosecutor for impersonating a public defender to induce a suspect’s surrender, holding that even well-intentioned law enforcement goals do not excuse deliberate attorney deception that undermines trust in the legal profession.


In re Pautler, 47 P.3d 1175 (Colo. 2002)