RECEIVED ORIGINAL PROCEEDING IN UNAUTHORIZED PRACTICE OF

Transcription

1 SUPREME COURT, STATE OF COLORADO CASE NO. 03SA369 TWO EAST 14TH AVENUE DENVER, COLORADO RECEIVED ORIGINAL PROCEEDING IN UNAUTHORIZED PRACTICE OF LAW JAN Petitioner: ATTORNEy REGULATION THE PEOPLE OF THE STATE OF COLORADO, V. Respondent: TERRI LOU MAULDN TERRI MAULDIN TERRY FOX T. FOX TESS FOX TASS FOX ORDER OF COURT Upon consideration of the Petition for Injunction, Response and Reply filed herein, and now being sufficiently advised in the premises, IT IS ORDERED that the Respondent is ENJOINED from engaging in the Unauthorized practice of law, and Respondent is ordered to pay the costs of this action in the amount of $ BY THE COURT, JANUARY 21, Copies mailed via the State s Mail Services Division on Q/ t i cc: 7. 1 Charles Mortimer, Jr. Gary Fielder Assistant Regulation Counsel 8774 Yates Dr., Suite 300 Westminster, CO Tern Lou Mauldin Tern Mauldin Terry Fox T. Fox Tess Fox Tass Fox 8211 Rocky Mountain Dr. Lakewood, CO 80215

2 vs. C C SUPREME COURT, STATE OF COLORADO 2 East 14th Avenue, 4th Floor Denver, Colorado $0203 ORIGINAL PROCEEDING IN UNAUTHORIZED JAN 1 3 2O4 PRACTICE OF LAW Petitioner: THE PEOPLE OF THE STATE OF COLORADO Respondent: TERRI LOU MAULDIN, TERRY FOX, FOX, TASS FOX TERRI MAULDIN, T. FOX, TESS A COURT USE ONLY A Case Number: 03UPL067 Charles E. Mortimer, Jr., #16122 Assistant Regulation Counsel Attorney for Complainant th Street, Suite 200-South Denver, Colorado Telephone: (303) ext. 313 Fax No.: (303) REPLY SUPPORTING PETITION FOR INJUNCTION Petitioner, through Charles E. Mortimer, Jr., Assistant Regulation Counsel, replies in support of the Petition for Injunction filed in this action as follows: 1. Mauldin has consented to the issuance of a restraining order enjoining her from the unauthorized practice of law, as requested in the Petition. (See Response, para. 5). 2. Petitioner waives any claims for attorneys fees or restitution in this action. 3. Petitioner requests that the court enter an order requiring Mauldin to pay costs in this action in the amount of $ A Statement of Costs is attached hereto as Exhibit A.

3 respondent, Tern Lou Mauldin, Tern Mauldin, Terry Fox, WHEREFORE, petitioner request the entry of injunction restraining the be required. proceedings will be necessary and the appointment of a Hearing Master will not 4. Upon the issuance of the orders described above no further -2- Lakewood, CO Rocky Mountain Drive 8774 Yates Drive Suite 300 Westminster, Colorado Gary D. Fielder, Esq. mail, postage prepaid, this 13th day of January, 2004, and addressed to: PETITION FOR ORDER TO SHOW CAUSE was placed in the United States CERTIFICATE OF MAILING Attorney for Petitioner Assistant Regulati&i Counsel /harles E. MortimeJr., #16122 Dated this 13th day of January, incurred in this action. practice of law, and further requiring the respondent to pay petitioner s costs T. Fox, Tess Fox, Tass Fox from engaging in the unauthorized I hereby certify that one copy of the foregoing REPLY SUPPORTING Tern Lou Mauldin 0 C

4 C, C Statement of Costs Tern Lou Mauldin A/K/A Terry Fox 03UPL067/03 5A369 01/12/2004 Administrative Fee TOTAL DUE $ EXHIBIT Pt

5 Denver, Colorado $0203 ORIGINAL PROCEEDING IN UNAUTHORIZED RECEIVED in the Petition. 4. Accordingly, Ms. Mauldin simply cannot comment on the allegations that are made 3. Undersigned counsel represents Ms. Mauldin in said investigation. Attorney General s Office. 2. Ms. Mauldin is aware of an ongoing criminal investigation through the Colorado request to show cause. denies the allegations as set forth in the Petitioner s Petition for Injunction and 1. The Respondent, Tern Lou Mauldin (hereinafter referred to as Ms. Mauldin ), and respectfully requests that this Court accept the Respondent s Response to its Order to Show Cause. COMES NOW the Respondent, Tern Lou Mauldin, by and through counsel, GaryD. Fielder, RESPONSE TO ORDER TO SHOW CAUSE $774 Yates Drive, Suite 300 Gary D. Fielder, # Fax: (303) Phone: (303) Westminster, CO SA369 Attorney for Respondent Case No. 03UPL067 TASS FOX, Respondent: A COURT USE ONLYA TERRI LOLl MAULDIN, TERRI MAULDIN, TERRY FOX, T. FOX, a/ic/a TESS FOX, vs. THE PEOPLE OF THE STATE OF COLORADO REGULATION PRACTICE OF LAW JAN 1 1) Z004 Petitioner: ATTORNEY 2 East 14th Avenue, 4th Floor SUPREME COURT, STATE OF COLORADO

6 however, Ms. Mauldin understands, and has understood that she cannot practice law, and has no objection to this Court issuing an order enjoining her from the should include an assessment of reasonable attorney s fees against the Respondent. unauthorized practice of law. 5. Nonetheless, Ms. Mauldin denies that she held herself out as a lawyer. With that, 6. However, Ms. Mauldin objects, without further findings, or hearings, that the order 9 Fax: (3O3)650-l705 (303) & Vestmjnstr, CO Yte Drive, Suite 300 (iary D.,elder,19757 Respectfully submitted, accept the Respondent s Response to its Order to Show Cause. WHEREFOR, the Respondent, by and through counsel, respectfully requests that this Court through the Jefferson County District Attorney s Office. own, until the District Court acts upon what will most likely be criminal charges filed counsel sees no purpose in appointing a hearing master or conducting hearings on its 10. However, in light of the ongoing investigation, until further notice, undersigned deems appropriate with regard to the unauthorized practice of law. 9. Accordingly, the Respondent simply requests that this Court issue an order as it conduct is impossible to determine. Respondent for losses incurred by clients or third parties as a result of Respondent s 8. Additionally, without further information or findings of fact, restitution against the position to order a refund of any and all fees paid by client to the Respondent. Additionally, without further information, the Court is simply in an impossible 7. The Petitioner is a State actor, and should not be reimbursed for its time. 0

7 Charles E. Mortimer, Jr. Denver, CO t1 Street, Suite 200-South Assistant Regulation Counsel I hereby certify that I have on this day of January, 2004, a true and correct copy CERTIFICATE OF MAILING of the foregoinesponse TO ORDER TO SHOW CAUSE was mailed to the following: C 3 q