A Green River attorney working in the Sweetwater County Attorney’s Office received a public censure from the Wyoming Supreme Court after misleading investigators about a female sex offender’s place of residence.
John DeLeon received his censure last week for violating Wyoming Rules of Professional Conduct. Specifically, he violated Rule 8.4(c) for conduct involving dishonesty, fraud, deceit or misrepresentation and Rule 8.4(d) for conduct prejudicial to the administration of justice. He was required to pay $750 in administrative fees and $50 to the Wyoming State Bar. Sweetwater County Attorney Daniel Erramouspe said DeLeon would remain at the county attorney’s office, however the office will implement disciplinary action against him.
According to court documents, in 2018 DeLeon was in a relationship with Candice Nichole Cortez, a resident of Rawlins while he was a public defender in the city. She pleaded guilty to second-degree sexual abuse of a minor in 2016 and was sentenced to not less than three and not more than eight years in custody of the Wyoming Department of Corrections, with that term suspended in lieu of five years supervised probation. DeLeon and Cortez never had a lawyer-client relationship and he never represented her as an attorney.
Cortez was required to provide probation and parole with her current address and was unable to reside within 1,000 feet of a school. In 2018, DeLeon moved from Rawlins to Green River, becoming a civil attorney for the county attorney’s office and his relationship with Cortez continued. She moved to Green River in March 2019. On March 12, 2019, she reported to Sweetwater County Probation and Parole and listed her residential address being on Cumorah Way, changing her address March 21 to an address on South 5th East Street, not reporting she resided with DeLeon between March 11 and March 17.
In May, probation agents confiscated Cortez’s cell phone and requested the Sweetwater County Sheriff’s Office to conduct a forensic examination to determine if probation violations occurred. Using the phone’s location history, investigators determined Cortez spent the nights of March 11-17 at Monroe Apartments, where DeLeon rents an apartment. The building is also less than 200 feet from Monroe Elementary School.
On May 20, DeLeon was contacted by investigators and requested an interview regarding Cortez. While a sheriff’s deputy was en route to the Sweetwater County Courthouse, DeLeon contacted Cortez. He informed her of the interview and asked if anything was happening. During the interview, DeLeon said Cortez spent some time at his apartment shortly after her move to the area, but denied she spent the night there. Investigators noted DeLeon was consistently deceptive throughout the interview and attempted to divert questions to irrelevant topics, avoiding answering questions directly.
Investigators spoke with Cortez afterward and she admitted to staying with DeLeon for about a week after moving to Green River. She said she did not disclose the stay to probation and parole to avoid causing problems for DeLeon.
Cortez was charged with violations of the Wyoming Sex Offender Registration Act as a result of this and other infractions. Proceedings are underway in Carbon County to revoke her probation.
After learning additional charges were filed against Cortez, DeLeon contacted the Wyoming State Bar Counsel and reported his conduct. Court documents note he cooperated fully with Bar Counsel and admitted to making the misrepresentations to investigators with full knowledge of falsity admitting there was potential harm to the administration of justice.
“(DeLeon) expresses extreme shame for his conduct. He feels as if he has squandered his reputation and possibly his career,” court documents read. He has apologized to investigators and clarified everything with his supervisors at the Sweetwater County Attorney’s Office.
According to documents, the aggravating factors were a dishonest and selfish motive and a substantial experience in practicing law. The mitigating factors were an absence of a prior disciplinary record, full and free disclosure and a cooperative attitude during the proceedings, remorse and good character. The review panel believed good character was demonstrated by a series of acts, including DeLeon’s extensive history of pro bono service. He was recognized with a Pro Bono Award for Legal Service for Indigent Clients by the Wyoming State Bar in September 2018.
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