Supreme Court of Colorado

The People of the State of Colorado v. Dan Eldon Miller — Hearingrogers, J., Dissenting

November 30, 2017409 P.3d 667

Summary

The dissent would have concluded that a lawyer's single misdemeanor DUI conviction, without harm, related misconduct, or a pattern of offenses, does not violate the professional-conduct rule requiring that criminal conduct adversely reflect on fitness to practice law. It reasoned that the rule requires a connection between the offense and the lawyer's professional duties, and that the evidence showed no such connection. The dissent also maintained that treating any single misdemeanor as disciplinable would render the rule's limiting language superfluous and create an improper expansion of lawyer regulation.