People v. Wasley.
No. 24PDJ069. 9/26/2024. Stipulation to Discipline.
November 5, 2024
The Presiding Disciplinary Judge approved the parties’ stipulation to discipline and suspended Peter Wells Wasley (attorney registration number 44139) for six months, all to be stayed upon Wasley’s successful completion of a two-year period of probation, with conditions. Wasley’s probation was effective on September 26, 2024.
Father petitioned for Wasley’s appointment as a child and family investigator (CFI) in a domestic relations case. Wasley was appointed to the case in spring 2022. Wasley was given approximately four-and-one-half months to complete his CFI report; the court order establishing the report’s deadline was served on Wasley through the Colorado Courts E-Filing System. To give Wasley time to complete his report, the court moved the dissolution and permanent orders hearing from May 2022 to late August 2022. Father and Wasley communicated during the early months of Wasley’s appointment; after that time, however, father never heard from Wasley again. Wasley never processed father’s payment; did not meet with the child, which was necessary to complete the report; and did not submit the report by the court’s deadline or seek an extension.
In early August, father moved to continue the dissolution and permanent orders hearing. Over mother’s objection, the court continued the hearing to early January 2023 and ordered Wasley to submit the report in a few weeks’ time. Though Wasley was served with the order, he did not submit a report. The court issued a new deadline for the report; before that deadline arrived, father moved to terminate Wasley’s appointment. As a result of Wasley’s failure to follow court orders, the case lasted an additional six months and resulted in additional stress and costs for the parties. Wasley was later suspended indefinitely from serving as a CFI in Denver District Court.
Through this conduct, Wasley violated Colo. RPC 3.4(c) (a lawyer must not knowingly disobey an obligation under the rules of a tribunal) and Colo. RPC 8.4(d) (it is professional misconduct for a lawyer to engage in conduct prejudicing the administration of justice).