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Disciplinary Case Summaries

June 1, 2022


No. 21PDJ088. People v. Fredenburg. 4/15/2022. Stipulation to Discipline.

The Presiding Disciplinary Judge approved the parties’ stipulation to discipline and suspended Joseph Lester Fredenburg (attorney registration number 55463) for six months. The suspension was effective April 15, 2022.

On November 17, 2021, Fredenburg pleaded guilty to assault in the second degree—strangulation, a class 4 felony, pursuant to a deferred judgment and sentence. He also pleaded guilty to harassment as an act of domestic violence, a class 3 misdemeanor. The pleas were based on the report of a man who told law enforcement that he believed he saw Fredenburg choking Fredenburg’s then-girlfriend. When the man intervened and pulled Fredenburg from the woman, Fredenburg pushed him against a wall. Fredenburg then wrapped his hands around the man’s neck for five seconds, strangling the man, who stated, “If I don’t get help, I’m going to pass out.” The man said that he could feel Fredenburg’s thumbs press into his esophagus.

Through this conduct, Fredenburg violated Colo. RPC 8.4(b) (it is professional misconduct for a lawyer to commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects).

 

No. 21PDJ065. People v. Marshall IV. 4/4/2022. Stipulation to Discipline.

The Presiding Disciplinary Judge approved the parties’ stipulation to discipline and suspended James Edward Marshall IV (attorney registration number 52367) for three years. Significant mitigating factors influenced the sanction. The suspension was effective April 4, 2022.

On August 30, 2021, Marshall pleaded guilty to an amended count of tampering with a deceased human body, a class 3 felony. The factual predicate involved an incident at a protest in which Marshall shot a gun through a vehicle’s side-tinted window, hitting vehicle’s driver in the head. The driver was advancing through the protest, and Marshall believed the driver was going to run over or hit Marshall’s wife. Marshall was able to jump out of the way, but he believed that his wife was still in the vehicle’s path. Video footage of the incident reflects that Marshall’s wife was not in actual danger, though the video was taken from an oblique angle.

Through this conduct, Marshall violated Colo. RPC 8.4(b) (it is professional misconduct for a lawyer to commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects).