Cortez City Attorney Cliff Fossum has been charged with a Class 5 felony — use of cocaine — and will stop representing clients, including the city of Cortez, while his case is being prosecuted.

Fossum, who faces a charge of unlawful use of a controlled substance as well as DUI, careless driving and driving while his license was under revocation, will be advised of his rights in County Court today. If convicted of the drug charge, Fossum could be sentenced to up to three years in prison.

The charges against Fossum date back to a March 6 driving accident when the attorney’s westbound vehicle ran off the right side of U.S. Highway 160 on Mancos Hill, collided with a guard rail and spun two and a half times before finally coming to rest, according to a Colorado State Patrol report.

Colorado State Patrol officer Steve Nowlin responded to the scene. Attempts to contact Nowlin were unsuccessful Monday.

Following the incident, Fossum took a urinalysis test, according to George Buck, Fossum’s defense attorney. Buck said that he was not at liberty to disclose the results of the urine test.

"I have not seen the charging document but I understand that they have charged him with use (of a controlled substance)," Buck said. "And the mere fact that somebody may or may not have a substance in their system is not proof of the crime of use."

"I think that the prosecution will have some substantial degree of difficulty in proving their case," Buck added.

Fossum said that until his case is resolved, he will have to withdraw his personal representation from his public clients.

"I don’t want this to be an embarrassment that spills over on to them," Fossum said.

Fossum said that it was not right for him to be charged with a felony, saying "They could not prove it."

"Over 25 years, having been involved in politics, I have developed quite a list of enemies or people that, for one reason the other, don’t have the same outlook on the way in which I handle some of these attorney businesses — so it doesn’t surprise me that they are taking this position," he said.

"The problem is that it is going to destroy my livelihood without me ever getting a chance to go to trial," he added.

Fossum was originally arrested on suspicion of driving while ability impaired by drugs, alcohol, or both, but those charges were later dismissed, and the new charges were filed. The original case file was unavailable at the County Clerk’s Office on Monday. There was no affidavit included in Fossum’s later case file.

A city attorney on the Front Range who is an expert on government law said that there are a number of possible courses of action that the city could take in a case such as this. That attorney wished to remain anonymous, citing the possibility of future conflicts with Fossum.

"The Supreme Court recognizes that this (drug charge) is a medical problem in many cases, and the resulting discipline depends on a number of circumstances," the expert said. "It would depend a great deal on the relationship with the attorney and the [city] council and whether or not there is a feeling that there is a reason for compassion or not — but the council will have to take its own action."

The expert stated that there is no outlined set of rules and each case is handled individually.

"If the attorney sought help before charges were filed — that helps; if there is no disciplinary history — that helps; if there is a willingness to take care of this problem and remorse — that helps; if no client has been damaged by the conduct — that helps a lot," she said.

Cortez Mayor Joe Keck said the city council will have to meet with Fossum as soon as possible in executive session.

"The soonest we will be able to meet with him will probably be next week unless we hold a special meeting," Keck said. "During the meeting we will have to find out what happened, what the charges are and then seek counsel from our managers."

Due to a conflict of interest between Fossum and former partner and Cortez District Attorney Mike Green, a special prosecutor will be brought in from the Sixth Judicial District Attorney’s Office in Durango for the hearing.

Buck said that following the advisement hearing today, there will most likely be a three- to six-week waiting period before a dispositional hearing will be set up.