EXHIBIT D
Order Denying Petition for Relief from the Rule of Good Standing
(December 29, 2021 — Disciplinary Panel / Committee on Conduct)
Description: Order entered while Plaintiff was wrongfully detained abroad, denying relief on the asserted ground that no response was filed within thirty days.
Source: Certified copy of the Disciplinary Panel / Committee on Conduct order.
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
FILED: January 4, 2022
Clerk: Jeffrey P. Colwell
In the Matter of:
YOURAS ZIANKOVICH,
Petitioner.
Disciplinary Action No. 18-DP-10
ORDER DENYING PETITION FOR RELIEF FROM THE RULE OF GOOD STANDING
Before the Disciplinary Panel is the recommendation of the Committee on Conduct that the Panel enter an order denying Petitioner’s “Application to Relieve from the Ruling of the Colorado Presiding Disciplinary Judge and Reinstate in Good Standing in the Bar of This Court Pursuant to D.C.COLO.LAttyR 3(d).”
On October 27, 2021, the Disciplinary Panel entered an order affording Petitioner Youras Ziankovich thirty (30) days to respond to the Committee on Conduct’s recommendation that the Panel deny Petitioner’s application under D.C.COLO.LAttyR 3(d). To merit relief from the rule of good standing, the Panel required Petitioner to demonstrate by clear and convincing evidence that at least one of the following factors enumerated in D.C.COLO.LAttyR 3(d)(2) applied:
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That the procedure resulting in discipline by the court was so lacking in notice or opportunity to be heard as to deny due process;
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That application of the rule of good standing would result in a grave injustice; or
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That the kind of misconduct resulting in the original discipline warrants substantially less severe discipline.
Petitioner did not file a response to the Panel’s October 27, 2021 order. Further, upon review of Petitioner’s application in light of the factors set forth in D.C.COLO.LAttyR 3(d)(2), the Panel concludes that Petitioner failed to demonstrate by clear and convincing evidence that he is entitled to relief from the rule of good standing.
Accordingly, it is
ORDERED that Petitioner’s “Application to Relieve from the Ruling of the Colorado Presiding Disciplinary Judge and Reinstate in Good Standing in the Bar of This Court Pursuant to D.C.COLO.LAttyR 3(d)” is DENIED.
DATED: Denver, Colorado, December 29, 2021.
BY THE DISCIPLINARY PANEL OF THE COURT:
/s/ Philip A. Brimmer
Philip A. Brimmer
Chief Judge
CERTIFICATE OF SERVICE
I hereby certify that on January ___, 2022, a true and correct copy of the foregoing Order Denying Petition for Relief from the Rule of Good Standing, dated December 29, 2021, was served on Respondent Youras Ziankovich by depositing the same in the United States Mail, postage prepaid, addressed to:
- Youras Ziankovich, Esquire
14405 Walters Road, Suite 808
Houston, TX 77014
and
- Youras Ziankovich, Esquire
One World Trade Center, Suite 8500
New York, NY 10007
JEFFREY P. COLWELL
Clerk of the Court
By: ________
Deputy Clerk