Editor’s Note: Law Week Colorado edits court opinion summaries for style and, when necessary, length.
On February 20, 2022, Delphine Farr was arrested and charged with criminal conduct. The charges arose from an altercation at the home of the girlfriend of Farr’s ex-husband. Farr went to the house to say goodbye to her dying dog, but after entering the home Farr became upset.
Farr punched her ex-husband in the face, grabbed his genitals and tore his sweatshirt, according to the court opinion. Farr also pushed her ex-husband’s girlfriend, pulled her hair and bit her, leaving a mark. There were at least two children present at the time. Law enforcement was summoned, but Farr resisted arrest, including by attempting to throw herself down stairs and kicking the windows of a squad car from the inside.
Officers had to place her in the back of a squad car with the use of “the wrap,” a strong fabric material that prevents people from thrashing around.
Farr was also criminally charged on March 1, 2022, based on a separate incident in which Farr physically attacked her boyfriend, who was a protected party under a restraining order in the criminal case. She ripped his shirt and scratched his neck. Farr again resisted arrest, requiring officers to carry her to the police car.
Farr pleaded guilty to a four-year deferred sentence based on trespass of a dwelling, a class 5 felony, and assault, a class 1 misdemeanor. She also pleaded guilty to resisting arrest, a class 2 misdemeanor; this was not a deferred sentence. Farr was sentenced in September 2022 to five days in jail, with credit for time served, fines and costs and probation, including fifty hours of community service, a drug and alcohol evaluation, an apology letter to the victim and drug and alcohol abstinence and monitoring.
The Presiding Disciplinary Judge approved Farr’s stipulation to discipline and suspended her for six months. Before Farr can seek reinstatement to the practice of law after her suspension, she must first successfully complete her four-year felony probation in her criminal case. Farr understands that if her law license remains suspended for longer than one year, she will be required to petition for reinstatement. Farr’s suspension takes effect May 18.
This reciprocal discipline case arose out of discipline imposed upon H. Morley Swingle in Missouri. In October 2022, a hearing panel in Missouri recommended Swingle be suspended indefinitely from the practice of law, with no leave to apply for reinstatement for three years.
The sanction was premised on Swingle’s failure to avoid personal conflicts of interest through his involvement with and assistance to two separate interested individuals in cases in which he acted as a criminal prosecutor, his failure to make prompt disclosures of his involvement with these individuals and the prejudice to the administration of justice caused by his improper conduct.
The Presiding Disciplinary Judge approved Swingle’s stipulation and imposed reciprocal discipline, suspending him from the practice of law in Colorado for three years. Swingle’s suspension took effect April 14. Before petitioning for reinstatement to practice law in Colorado, Swingle must pay all costs and restitution ordered in Missouri and must be reinstated in Missouri, unless he shows good cause otherwise.
People v. Michael George Sawaya
In 2018, the owner of a property management company purchased a property in Denver, intending to refurbish it as an event space with luxury accommodations. The owner hired an interior design firm to decorate the property but disputed the quality of work and furnishings.
Sometime in early 2019, Michael Sawaya and the owner were introduced socially and began an intimate relationship, according to the court opinion. Around that time, the owner received a demand letter from the design firm’s lawyer, and Sawaya agreed to help the owner. Sawaya sent a demand letter to the design firm, noting the owner had retained Sawaya’s law firm. But Sawaya failed to put the basis or rate of his fee for the representation in writing until more than six months later.
Meanwhile, in connection with a potential business transaction, the owner, who was in dire financial straits, provided Sawaya with information about the owner’s commercial and residential properties. Ultimately, Sawaya agreed to enter into a business transaction with them.
Sawaya’s personal lawyer prepared four documents: a promissory note for $280,000, a deed of trust securing the obligations in the promissory note by granting the public trustee power of sale over the refurbished property and over a second property which the owner had deeded to his company to secure a loan to purchase the first property, an operating agreement giving Sawaya a permanent 30% membership interest in the owner’s company and a pledge agreement.
In late 2019, Sawaya and the owner ended their romantic relationship. In early 2020, the owner retained another lawyer to litigate the owner’s dispute with the design firm. Around that time, the owner was ticketed for running an unlicensed business at the commercial property. Sawaya appeared in court on the owner’s behalf. Sawaya never provided the owner with a written statement of the basis or rate of his fee for representation.
In late 2020, Sawaya loaned the owner more than $60,000 even though the owner hadn’t made payments to Sawaya on the $280,000 promissory note. In late 2021, Sawaya and the owner met to discuss how to resolve their business relationship. Their discussions were not fruitful. Ultimately, Sawaya initiated an arbitration action against the owner and the owner sued Sawaya. Sawaya also moved to appoint a receiver to manage the properties.
Pending the outcome of arbitration, the lawsuit is stayed.
The Presiding Disciplinary Judge approved Sawaya’s revised stipulation to discipline and publicly censured him, effective April 17.