By Ann Jantz, wyo4news.com
SWEETWATER COUNTY, WYOMING (Nov. 15, 2019) — Sweetwater County Civil Deputy Attorney John Joseph DeLeon received a public censure from the Wyoming Supreme Court for violating the Wyoming Rules of Professional Conduct.
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The ruling, which is a public reprimand that will go in DeLeon’s personnel file, was made public Thursday, Nov. 14.
DeLeon, who works in the Sweetwater County Attorney’s Office as a civil deputy and is counsel to the Sweetwater County Commission, received the public censure after he admitted to misrepresenting that a “female registered sex offender” was residing with him less than 200 feet from a public school.
The woman, Candice Nichole Cortez, pleaded guilty to second degree sexual abuse of a minor in 2016. It was discovered she was living with DeLeon in the Monroe Apartments across the street from a public school in Green River. DeLeon was censured for lying to the investigating deputy about Cortez staying with him.
Before the Supreme Court offered its ruling, they took into account DeLeon’s history of pro bono service. The court document also states the Review Panel “was impressed with Respondent’s heartfelt expression of remorse for his conduct.”
In addition to the public censure, DeLeon was fined a $750 administrative fee and $50 for costs incurred in the handling of the case, all to be paid to the Wyoming State Bar.
Sweetwater County Attorney Dan Erramouspe, who is away on training, called in Friday in response to a Wyo4News inquiry. He said DeLeon will receive disciplinary action as a result of the Supreme Court ruling. He noted DeLeon, as a civil deputy, will not be trying any criminal cases.
As to the involvement of the County Attorney’s Office in this case, Erramouspe said it was turned over to a special counsel after he was made aware of the allegations, and his office was not involved from that point.
The Case
According to the court documents, DeLeon began a relationship with Cortez in 2018 when he was employed as a public defender in Rawlins. It was reported that he was not Cortez’s attorney, and he moved to Green River in late 2018.
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Cortez, after pleading guilty to the sexual abuse of a minor charges, received a 3-8 year suspended prison sentence and was put on five years of supervised probation. She was required to comply with all requirements of the Wyoming Sex Offender Registration Act, which includes keeping Probation and Parole advised of her place of residence and not residing within 1,000 feet of a school.
Cortez followed DeLeon to Green River and did not report “that from March 11, 2019, to March 17, 2019, she resided at Respondent’s apartment.”
In May of 2019, Cortez’s cell phone was confiscated by Probation and Parole, which requested the Sweetwater County Sheriff’s Office to examine the phone.
It was through this examination that Lt. Joseph Tomich discovered Cortez was staying with DeLeon.
When interviewed by Tomich, DeLeon denied that Cortez had ever spent the night at his apartment and tried to divert questions to other topics.
Tomich then interviewed Cortez, who admitted she stayed with DeLeon for about one week after she moved to Green River.
“Cortez told Lt. Tomich that she intentionally omitted telling Probation and Parole that she was staying at Respondent’s residence ‘to avoid causing problems for him, as their relationship got him fired from a job in Rawlins,'” as reported in the court document.
Cortez has subsequently been charged in Sweetwater County for violating the Wyoming Sex Offender Registration Act, and proceedings are underway in Carbon County to revoke her probation.
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After Cortez’s admission, DeLeon self-reported his conduct, of which he was “extremely” ashamed. It was noted in the court document that he cooperated with Bar Counsel and admitted to violating Rule 8.4(c) (conduct involving dishonesty, fraud, deceit or misrepresentation) and Rule 8.4(d) (conduct prejudicial to the administration of justice) of the Wyoming Rules of Professional Conduct.
“He (DeLeon) feels as if he has squandered his reputation and possibly his career. Respondent has apologized to Lt. Tomich … and has also apologized to family, friends and Bar Counsel,” the court document states.
