Court Opinions: Presiding Disciplinary Judge Opinion for May 1

Editor’s Note: Law Week Colorado edits court opinion summaries for style and, when necessary, length.

People v. Jonathan D. Healy

Jonathan Healy joined the Denver District Attorney’s Office in December 2021 as a deputy DA. Shortly after, Healy took over a case in which a defendant was charged for striking the victim with her car while the victim was riding a bicycle. By the time Healy took over the case, the deputy DA formerly assigned to the matter and the defendant’s lawyer had negotiated a plea agreement. The court accepted the plea agreement on Jan. 7, 2022, that included a stipulation to the defendant’s liability for restitution and a term stating that restitution in an amount to be determined was to be paid within 91 days. The deadline to calculate restitution was around April 8, 2022. But Healy didn’t file a motion seeking an order and determination by that date.

Once the court accepted the plea, the victim’s counsel began regularly communicating with Healy by email and telephone to provide him the information he needed to make the restitution request. Healy twice informed the victim’s counsel in early March 2022 that he would ask for additional time to file for restitution. But Healy never requested an enlargement of time.

On April 8, 2022, counsel for the victim emailed Healy, reminding him about the restitution claim. Healy didn’t reply. Counsel for the victim sought email updates from Healy regarding restitution after the deadline passed. Healy initially didn’t respond. Counsel for the victim then contacted Healy’s supervisor. On May 11, 2022, Healy emailed counsel for the victim, informing counsel that it was too late under the statute to collect restitution and this was due to his own oversight. Healy apologized but on June 17, 2022, the Denver DA’s Office terminated Healy’s employment, in part due to his conduct in the case.

The Presiding Disciplinary Judge approved Healy’s stipulation to discipline and publicly censured him, effective May 1.

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