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1 SUPREME COURT, STA TE OF COLORADO ORIGINAL PROCEEDING IN DISCIPLINE BEFORE THE PRESIDING DISCIPLINARY JUDGE 1300 Broadway, Suite 250 Denver, Colorado Complainant: THE PEOPLE OF THE ST A TE OF COLORADO Respondent: JASON LEE VAN DYKE,# FILED MAR O J 2019 PRESlDING DISCIPLINARY JUDGE SUPREME COURT OF COLORADO A COURT USE ONLY A Case Number: Jacob M. Vos, #41562 Assistant Regulation Counsel Attorney for Complainant 1300 Broadway, Suite 500 Denver, Colorado Telephone: (303) x7912 Fax No.: (303) j.vos@csc.state.co.us 1 9 PDJ O 2 1 Jason Lee Van Dyke,# Respondent 108 Durango Drive Crossroads, TX iasonleevandvke@orotonmail.com STIPULATION, AGREEMENT AND AFFIDAVIT CONTAINING THE RESPONDENT'S CONDITIONAL ADMISSION OF MISCONDUCT I On this Irr day of~, 2019, Jacob M. Vos, Assistant Regulation Counsel and attorney for the complainant, and Jason Lee Van Dyke, the Respondent in these proceedings, enter into the following Stipulation, Agreement, and Affidavit Containing Respondent's Conditional Admission of Misconduct ("Stipulation") and submit the same to the Presiding Disciplinary Judge for his consideration. RECOMMENDATION: a six-month suspension, fully stayed subject to Respondent's compliance with the terms of his probation in the State Bar of Texas Agreed Judgment in Texas Case No l. The Respondent has taken and subscribed to the oath of admission, was admitted to the bar of this Court on October 29, 2014, and is registered as an attorney upon the official

2 records of this Court, registration no Respondent is subject to the jurisdiction of this Court and the Presiding Disciplinary Judge in these pr<?ceedings. 2. 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 Respondent's personal decision, and 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 l(c) as amended. However, 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. 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. Respondent acknowledges the right to a full and complete evidentiary hearing on the above-referenced complaint. At any such hearing, Respondent would have the right to be represented by counsel, present evidence, call witnesses, and cross-examine the witnesses presented by Complainant. At any such formal hearing, 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, Respondent waives that right. 5. Respondent and Complainant specifically waive the right to a hearing pursuant to C.R.C.P (c)(l). 6. Respondent and Complainant stipulate to the following facts and conclusions: a. On December 28, 2018, Respondent and the Texas Commission for Lawyer Discipline tendered an agreement to the State Bar of Texas District 14 Grievance Committee, Evidentiary Panel See Ex. I. b. The parties stipulated that in a Texas civil suit, Respondent threatened to present criminal or disciplinary charges solely to gain an advantage in connection with a civil matter, and that Respondent continued to represent his client after it reasonably appeared that his representation became adversely limited by Respondent's own interests. Id. at p. 2. c. The parties also stipulated that Respondent's conduct violated Texas Disciplinary Rules of Professional Conduct l.06(b)(2) and 4.04(b)(l). Id d. Texas Disciplinary Rule of Professional Conduct l.06(b)(2) is an analogue to Colorado Rule of Professional Conduct l.8(a)(2). It provides that a lawyer shall not represent a person if the representation of that person "reasonably appears to be or become adversely limited by the lawyer's or the law firm's responsibilities to another client or lo a third person or by the lawyer's or law firm 's own interests." 2

3 e. Texas Disciplinary Rule of Professional Conduct 4.04(b)(l) is an analogue to Colorado Rule of Professional Conduct 4.5(a). It provides that a "lawyer shall not present, participate in presenting, or threaten to present criminal or disciplinary charges solely to gain an advantage in a civil matter." f. The Evidentiary Panel accepted the parties' stipulation to a six-month suspension, fully stayed upon Respondent's successful completion of a six-month probation, with conditions. See id. p. 3 ("during all periods of suspension, Respondent shall be under the following tenns and conditions"). g. The probated suspension and probation became effective on November 15, Id. at p. 2. h. Through Respondent's conduct described above, Respondent has engaged in conduct constituting grounds for the imposition of discipline pursuant to C.R.C.P Respondent has also violated Texas Disciplinary Rules of Professional Conduct 1.06(b)(2) and 4.04(b)(l ) 1 6. Pursuant to C.R.C.P , Respondent agrees to pay costs in the amount of $ (a copy of the statement of costs is attached hereto as Exhibit 2) incurred in conjunction with this matter within thirty-five (35) days after acceptance of the Stipulation by the Presiding Disciplinary Judge, made payable to Colorado Supreme Court Attorney Regulation Offices. Respondent agrees that statutory interest shall accrue from thirty-five (35) days after the Presiding Disciplinary Judge accepts this Stipulation. Should Respondent fail to make payment of the aforementioned costs and interest within thirty-five (35) days, Respondent specifically agrees to be responsible for all additional costs and expenses, such as reasonable attorney fees and costs of collection incurred by Complainant in collecting the above stated amount. 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 Respondent's default on the payment. 7. This Stipulation represents a settlement and compromise of the specific claims and defenses pled by the parties, and it shall have no meaning or effect in any other lawyer regulation case involving another respondent attorney. 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 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 full evidentiary hearing; and no confession, Stipulation, or other statement made by Respondent in conjunction with this offer to accept discipline. of a six-month stayed suspension may be subsequently used. If the Stipulation is rejected, then the matter will be heard and considered pursuant to C.R.C.P Pursuant to Colo. RPC 8.5, this Court has jurisdiction over Respondent, who is admitted to practice in the State of Colorado, but because Respondent's conduct occurred in a Texas matter, the Texas Disciplinary Rules of Professional Conduct apply. 3

4 9. The Office of Attorney Regulation Counsel has notified or will notify shortly after the parties sign this agreement, the complaining witness in the matter of the proposed disposition. PRIOR DISCIPLINE 10. Respondent has no prior discipline in the State of Colorado, and has no other public discipline in the State of Texas. ANALYSIS OF DISCIPLINE 11. Pursuant to C.R.C.P l(a), the State Bar of Texas's final adjudication of misconduct constituting grounds for discipline shall conclusively establish Respondent's misconduct. See Ex. 1. And pursuant to C.R.C.P ( d), this Court shall issue a decision imposing the same discipline unless one of four conditions is met. Here, the People and Respondent stipulate that none of the provisions ofc.r.c.p l(d)(l)-(4) are satisfied, and therefore this Court should impose the same discipline as was imposed by the foreign jurisdiction - a six-month suspension, fully stayed upon Respondent's successful completion of probation under the terms set out in the Texas Agreed Judgment. 12. Pursuant to American Bar Association Standards for Imposing Lawyer Sanctions 1991 and Supp ("ABA Standards"), 3.0, the Court should consider the following factors generally: a. The duty violated: the duty of fairness to the opposing party and counsel; the duty of loyalty. b. The lawyer's mental state: knowing. c. The actual or potential injury caused by the lawyer's misconduct: Respondent' s misconduct caused potential harm to his client and unnecessarily prolonged the legal proceedings. d. The existence of aggravating or mitigating factors: the following aggravating and mitigating factors apply: Standard 9.22 aggravating factors include: (d) multiple offenses; and (i) substantial experience in the practice of law. Standard 9.32 mitigating factors include: (a) absence of a prior disciplinary record; (e) full and free disclosure to disciplinary board or cooperative attitude toward proceedings; and (k) imposition of other penalties or sanctions. 4

5 13. Pursuant to ABA Standard 4.32, suspension is generally appropriate when a lawyer knows of a conflict of interest and does not fully disclose to a client the possible effect of that conflict, and causes injury or potential injury to a client. Likewise, pursuant to Standard 7.2, suspension is generally appropriate when a lawyer knowingly engages in conduct that is a violation of a duty owed as a professional and causes injury or potential injury to a client, the public, or the legal system. 14. Though it is an old case, People ex rel. Gallagher v. Hertz, 198 Colo. 522, 608 P.2d 335 (1979), may be the most analogous. It resulted in a six-month suspension for an attorney who threatened criminal prosecution to force the settlement of disputed property claims. See also People v. Sigley, 951 P.2d 48 I (Colo. 1998) (30-day suspension for failure to deposit advance fee into appropriate account and the initiation of criminal charges to gain advantage in a civil matter); People v. Farrant, 852 P.2d 452 (Colo. I 993) (60-day suspension for neglect and threat to reveal client confidences to trigger criminal proceedings if client did not pay fees). Analogous cases involving personal interest conflicts have led to similar results. See, e.g., People v. Watson, 787 P.2d 151 (Colo. 1990) (90-day suspension for failure to disclose personal interest conflict); c.f In re Fisher, 202 P.3d 1186 (Colo. 2009) (conflicted business transaction with client warranted stayed six-month suspension). 15. Considering all of the factors described above, as applied to this case, a reciprocal six-month stayed suspension under the terms of Respondent' s stayed Texas suspension is appropriate. Respondent meets the eligibility requirements for probation set forth in C.R.C.P (a). CONDITIONS 16. Respondent's six-month suspension is fully stayed subject to his successful completion of his Texas disciplinary probation, which is subject to the terms set out in pages three and four of Exhibit 1. The parties stipulate that Respondent is eligible for probation pursuant to C.R.C.P (a). 17. If, during the period of probation, the Office of Attorney Regulation Counsel receives information that any condition may have been violated, the Regulation Counsel may file a motion with the Presiding Disciplinary Judge specifying the alleged violation and seeking an order that requires the attorney to show cause why the stay should not be lifted and the sanction activated for violation of the condition. See C.R.C.P (e). The filing of such a motion shall toll any period of suspension and probation until final action. Id. Any hearing shall be held pursuant to C.R.C.P (e). When, in a revocation hearing, the alleged violation of a condition is Respondent's failure to pay restitution or costs, the evidence of the failure to pay shall constitute prima facie evidence of a violation. Id 18. Within twenty-eight (28) days and no less than fourteen (14) days prior to the expiration of the period of probation, Respondent shall file an affidavit with the Regulation Counsel stating that Respondent has complied with all terms of probation and shall file with the Presiding Disciplinary Judge notice and a copy of such affidavit and application for an order showing successful completion of the period of probation. See C.R.C.P (f). Upon receipt of this notice and absent objection from the Regulation Counsel, the Presiding Disciplinary Judge 5

6 shall i ue an order showing that the period of probation wa ucces full y completed. Id. The order shall become effect i c upon the expi ration of the period of probation. Id RECOMMEN DATION FOR AN D CONSENT TO DI CIPLINE Based on the foregoing. the part ie hereto recommend that a fu lly-stayed ix-month suspension, with conditions as described above, be imposed upon Respondent. Re pondent con ents to the imposi tion of discipline of a ful ly-stayed six-month u pension. The parties req uest that the Presiding Disciplinary Judge order that the cffeeti e date of such di cipline be ovcmber 15, Jason Lee Yan Dyke. Respondent and Jacob M. Vo. attorney for the Complainant, acknowledge by igning this document that the_ ha e read and reviewed the above and request 1he Presiding Disciplinary.Judge to acccpl 1he ~ bo, c. Ja on Le Van D kc I 08 Durango Dri ve Crossroads. TX jason leevandykc'<l;protonmai I.com Respondent TATE OF TEXA cou TY or- (oll(rj )ss: ) ) ubscribcd and worn to before me thi ' osvn lte VM f.nk.. the Respondent. a 7 11 da of rr,,l),f,z by Witness my hand and official seal. My commission cxpin:s: CHRISTINE SCALLIN Notary 10 # My Commission Expires July 23, ~~)(J~ ±,ddi : N!~ry Public 6

7 M. Vos, #41562 Assistant Regulation Counsel 1300 Broadway, Suite 500 Denver, CO Telephone: (303) Attorney for the Complainant - 7

8 BEFORE THE DISTRICT 14 GRIEVANCE COMMITTEE EVIDENTIARY PANEL 14-2 STATE BAR OF TEXAS COMMISSION FOR LAWYER DISCIPLINE, Petitioner v. JASON LEE VAN DYKE, Respondent I CASE NO AGREED JUDGMENT OF FULLY PROBATED SUSPENSION Parties and Appearance On this day, came to be heard the above-styled and numbered cause. Petitioner, Commission for Lawyer Discipline (Petitioner) and Respondent, JASON LEE VAN DYKE (Respondent), Texas Bar Number , announce that an agreement has been reached on all matters including the imposition of a Probated Suspension. Jurisdiction and Venue The Evidentiary Panel 14-2, having been duly appointed to hear this complaint by the chair of the Grievance Committee for State Bar of Texas District 14, finds that it has jurisdiction over the parties and the subject matter of this action, and that venue is proper. Professional Misconduct The Evidentiary Panel, having considered the pleadings, admissions, stipulations and agreements of the parties, finds Respondent has committed Professional Misconduct as defined by Rule 1.06(W) of the Texas Rules of Disciplinary Procedure. Findings of Fact Petitioner and Respondent agree to the following findings of fact. Accordingly, the Evidentiary Panel finds: CF6-15A Agreed Judgment of Fully Probated Suspension - Van Dyke.6276 Page 1 of 6 j EXHIBIT I j_ I

9 1. Respondent is an attorney licensed to practice law in Texas and is a member of the State Bar of Texas. 2. Respondent resides in and maintains his principal place of practice in Denton County, Texas. 3. On October 3, 2017, Respondent filed a lawsuit on behalf of his client, Jessica Vidrine (Vidrine), against Complainant, Ryan Daniel. 4. Respondent threatened to present criminal or disciplinary charges solely to gain an advantage in connection with the civil matter. 5. Respondent continued to represent Vidrine after it reasonably appeared that his representation became adversely limited by Respondent's own interests. 6. The Chief Disciplinary Counsel of the State Bar of Texas has incurred reasonable attorney's fees and direct expenses associated with this Disciplinary Proceeding in the amount of One Thousand Eight Hundred Dollars and No/100 Cents ($1,800.00). Conclusions of Law Petitioner and Respondent agree that. based on the foregoing findings of fact, the following Texas Disciplinary Rules of Professional Conduct have been violated. Accordingly, the Evidentiary Panel concludes that the following Texas Disciplinary R~les of Professional Conduct have been violated : Rules 1.06(b)(2) and 4.04(b)(1 ). Sanction It is AGREED and ORDERED that the sanction of a Probated Suspension shall be imposed against Respondent in accordance with the Texas Rules of Disciplinary Proced ure. Accordingly, it is ORDERED, ADJUDGED and DECREED that Respondent be suspended from the practice of law for a period of six (6) months, with the suspension being fully probated pursuant to the terms stated below. The period of probated suspension shall begin on November 15, 2018, and shall end on May 14, CF6-15A Agreed Judgment of Fully Probated Suspension - Van Oyke.6276 Page 2 of 6

10 Terms of Probation It is further ORDERED that during all periods of suspension, Respondent shall be under the following terms and conditions: 1. Respondent shall not violate any term of this judgment. 2. Respondent shall not engage in professional misconduct as defined by Rule 1.06(W) of the Texas Rules of Disciplinary Procedure. 3. Respondent shall not violate any state or federal criminal statutes. 4. Respondent shall keep State Bar of Texas membership department notified of current mailing, residence and business addresses and telephone numbers. 5. Respondent shall comply with Minimum Continuing Legal Education requirements. 6. Respondent shall comply with Interest on Lawyers Trust Account (IOLTA) requirements. 7. Respondent shall promptly respond to any request for information from the Chief Disciplinary Counsel in connection with any investigation of any allegations of professional misconduct. 8. Respondent shall pay all reasonable and necessary attorney's fees and direct expenses to the State Bar of Texas in the amount of One Thousand Eight Hundred Dollars and No Cents ($1,800.00). The payment of attorney's fees and direct expenses shall be made in four (4) monthly installments, each in the amount of Four Hundred Fifty Dollars and No Cents ($450.00). Each payment is due on or before the fifteenth (15 1 h) day of each month, as follows: November 15, 2018; December 15, 2018; January 15, 2019; and February 15, The payments of attorney's fees and direct expenses shall be made by certified or cashier's check or money order and made payable to the State Bar of Texas, and delivered to the State Bar of Texas, Chief Disciplinary Counsel's Office, P.0. Box 12487, Austin. TX (1414 Colorado St., Austin, TX ). 9. Respondent shall seek mental health treatment. Prior to May 14, 2019, Respondent shall submit to a psychological evaluation and Respondent shall instruct the mental health professional to confirm to Petitioner, in writing, when Respondent has completed same. Further, Respondent shall instruct the mental health professional to provide Petitioner with written updates that confirm that Respondent is continuing therapy/counseling with said provider and that Respondent is continuing therapy/counseling with said provider and that confirm that Respondent is compliant with the provider's recommendations. c F&-1SA Agreed Judgment of Fully Probated Suspension - Van Dyke.6276 Page 3 of 6

11 Respondent shall sign any HIPAA release necessary for the limited purpose of the mental health professional confirming with Petitioner: a. That Respondent completed the psychological evaluation; and b. That Respondent is compliant with the mental health professional's recommendations. The substance of the evaluation and/or therapy shall not be released to Petitioner. 10. Respondent shall make contact with the Chief Disciplinary Counsel's Offices' Compliance Monitor at , ext and Special Programs Coordinator at , ext. 1323, not later than seven (7) days after receipt of a copy of this judgment to coordinate Respondent's compliance. Probation Revocation Upon information that Respondent has violated a term of this judgment, the Chief Disciplinary Counsel may, in addition to all other remedies available, file a motion to revoke probation pursuant to Rule 2.23 of the Texas Rules of Disciplinary Procedure with the Board of Disciplinary Appeals (BODA) and serve a copy of the motion on Respondent pursuant to Tex.R.Civ.P. 21a. BODA shall conduct an evidentiary hearing. At the hearing, BODA shall determine by a preponderance of the evidence whether Respondent has violated any term of this Judgment. If BODA finds grounds for revocation, BODA shall enter an order revoking probation and placing Respondent on active suspension from the date of such revocation order. Respondent shall not be given credit for any term of probation served prior to revocation. It is further ORDERED that any conduct on the part of Respondent which serves as the basis for a motion to revoke probation may also be brought as independent grounds for CF6 15A Agreed Judgment of Fully Probated Suspension - Van Dyke.6276 Page 4 of 6

12 discipline as allowed under the Texas Disciplinary Rules of Professional Conduct and Texas Rules of Disciplinary Procedure. Attorney's Fees and Expenses It is further ORDERED Respondent shalt pay all reasonable and necessary attorney's fees and direct expenses to the State Bar of Texas in the amount of One Thousand Eight Hundred Dollars and No Cents ($1,800.00). The payment of attorney's fees and direct expenses shall be made in (4) monthly installments, each in the amount of Four Hundred Fifty Dollars and No Cents ($450.00). Each payment is due on or before the fifteenth (15th) day of each month, as follows: November 15, 2018; December 15, 2018; January 15, 2019; and February 15, The payments of attorney's fees and direct expenses shall be made by certified or cashier's check or money order and made payable to the State Bar of Texas, and delivered to the State Bar of Texas, Chief Disciplinary Counsel's Office, P.O. Box 12487, Austin, TX (1414 Colorado St., Austin, TX ). It is further ORDERED that all amounts ordered herein are due to the misconduct of Respondent, are assessed as a part of the sanction in accordance with Rule 1.06(Z) of the Texas Rules of Disciplinary Procedure. Any amount not paid shall accrue interest at the maximum legal rate per annum until paid and the State Bar of Texas shall have all writs and other post-judgment remedies against Respondent in order to collect all unpaid amounts. Publication This suspension shall be made a matter of record and appropriately published in accordance with the Texas Rules of Disciplinary Procedure. CFS 15A Agreed Judgment of Fully Probated Suspension - Van Dyke.6276 Page 5 of 6

13 Other Relief All requested relief not expressly granted herein is. expressly DENIED. SIGNED this EVIDENTIARY PANEL 14-2 DISTRICT NO. 14 ST ATE BAR OF TEXAS &Aidf ~ Harold Frederick Hagen District 14, Panel 14-2 Presiding Member AGREED AS TO BOTH FORM AND SUBSTANCE: Kristin Virginia Brady State Bar No Counsel for Petitioner CF6-15A Agreed Judgment of Fully Probated Suspension - Van Oyke.6276 Page 6 of 6

14 Statement of Costs Jason L Van Dyke /14/2019 Administrative Fee $ AMOUNTDUE $ PENGAD ~ iii =i