People v. Miller

HEARING BOARD MEMBER TERRY ROGERS,

dissenting:

Although I concur with the majority’s factual findings in this case, I dissent -from the majority’s determination that Respondent violated the Rules of Professional Conduct.

In analyzing this matter, the Hearing Board conducted extensive research of disciplinary case law involving DUI convictions. We were unable to identify any public case in Colorado or any other jurisdiction in which a lawyer was held to have violated Rule 8.4(b) under circumstances analogous to the instant case, that is, where the lawyer was convicted of a one-time misdemeanor…