Commission for Lawyer Discipline v. Benton

BAKER, Justice,

joined by SPECTOR and joined by GONZALEZ, Justices, as to Parts I and II, dissenting.

Today the Court holds that in some aspects Rule 3.06(d) is not void for vagueness. The Court concludes (1) that it can avoid holding “harass” vague by furthering defining the term, (2) that “embarrass” is facially vague, and (3) that “influence” is not vague. However, I believe that Rule 3.06(d) is unconstitutionally vague in all respects. Furthermore, because Rule 3.06(d) is unconstitutionally vague, and that conclusion disposes of the Commission’s appeal, the Court should not reach Benton’s…