SAN FRANCISCO (Northern California Record) — Arvada attorney Sean Gardner Saxon faces possible disbarment by default following a recently announced California State Bar Court recommendation and his three-year suspension handed down by the Colorado Supreme Court almost two years ago.
"The court finds [Saxon]'s culpability in the Colorado proceedings would warrant the imposition of discipline in California under the laws or rules applicable in this state at the time of [Saxon]’s misconduct in the Colorado proceedings, said the seven-page decision and order of involuntary inactive enrollment issued Oct. 9 by the state bar court.
Saxon was suspended in Colorado, effective in December 2016, over allegations of physically and emotionally abusing a prostitute with whom he'd had a romantic relationship. Saxon's recommended discipline was among the dispositions filed earlier this month by the state bar court's hearing department for October.
The California state bar's office of chief trial counsel filed notice of disciplinary charges against Saxon in February. Saxon didn't appear for a March 26 in-person status conference and did not file a response to the default motion in his case. The state bar's entry for default was entered in January.
Saxon failed to participate in person or via counsel and state bar's decision and order for disbarment was entered by default. In such cases, in which an attorney fails to participate in a State Bar of California disciplinary proceeding despite adequate notice and opportunity, the bar invokes Rule 5.85, which provides the procedure for the state bar to recommend an attorney's disbarment.
The state bar court's recommendation included an involuntary inactive enrollment order that rendered Saxon involuntarily enrolled as an inactive member of the State Bar of California. That order was effective three calendar days after service, according to the recommendation.
The state bar's recommendation is pending final action by the California Supreme Court, an appeal before the state bar's review department or expiration of time when parties can request further review within the state bar court.
Saxon was admitted to the bar in California on Feb. 5, 2004, according to his profile at the California state bar website. Saxon had no prior discipline in California and no other disciplinary matters are pending against him, according to the decision and order.