In re the Disciplinary Proceeding Against Dornay

¶64 (dissenting) — Despite sanctioning attorney Margita Dornay for allegedly making false statements under oath, the majority gives only a scant analysis to whether her statements were actually false. At issue are allegations that Dornay violated RPC 3.3 and 8.4.4 These charges are all predicated on the assumption Dornay lied under oath. However, considering the context of the questions and their ambiguity, one cannot say by a clear preponderance of the evidence Dornay intentionally testified falsely. Like the hearing examiner, we should hold Dornay’s statements were literally true.

Sanders, J.