A request to revoke the probation for the district attorney of Las Animas and Huerfano counties has been denied, and his probationary period was instead extended by a year.
Third Judicial District Attorney Frank Ruybalid will remain on probation through Dec. 28, 2017, according to an order by Presiding Disciplinary Judge William R. Lucero of the Colorado Supreme Court.
In 2013, the Colorado Attorney Regulation Counsel filed a lengthy complaint against Ruybalid, claiming he and his staff blatantly disobeyed court orders and intentionally violated state rules in 16 criminal cases.
Ruybalid’s failure to keep current with caseloads led to the dismissal of some cases.
In January 2015, Ruybalid admitted to mishandling evidence in those cases and accepted a plea agreement. As part of that agreement, he was to be monitored for a 23-month probation period, ending in December 2016.In May, new allegations of were leveled, including failure to disclose evidence in some cases and failure to properly train staff members. Ruybalid faced possible suspension from practicing law for six months.
In a 29-page order signed Wednesday, Judge Lucero found that while on the initial probation Ruybalid’s office “has improved its compliance with ethical and administrative duties since his disciplinary stipulation” and in “great measure” he had followed directions and recommendations to correct shortcomings.
Lucero also noted: “Unlike a private attorney, (Ruybalid) cannot simply turn down cases during busy spells or forgo making even greater profits so that he can hire additional staff.”
Ruybalid has testified that keeping deputy district attorneys employed in his office for prolonged periods is the “bane of (his) existence.” The entry-level salary for a deputy district attorney in the 3rd District is $45,000, the lowest starting salary in the state.
Ruybalid’s office annual budget is about $340,000. In Las Animas County in 2015, his office prosecuted 245 felony cases, 518 misdemeanors and 716 traffic cases. In 2015, in Huerfano County, his office prosecuted 108 felonies, 173 misdemeanors and 452 traffic cases.
“On the whole, the Court finds that (Ruybalid) has complied to a large degree with his practice monitoring condition, but he has not complied fully,” according to Lucero’s order.
The one-year extension comes with conditions, including Ruybalid “shall not violate Rules of Professional Conduct.”
