Driscoll v. People

Summary

The Colorado Presiding Disciplinary Judge and Hearing Board granted Robert Justin Driscoll's petition for reinstatement to the practice of law. The decision found clear and convincing evidence of rehabilitation, professional competence, and fitness to practice, while imposing conditions involving abstinence, random testing, and payment of proceeding costs.

Holdings

1. An attorney suspended for more than one year may be reinstated only upon clear and convincing proof of rehabilitation, compliance with applicable disciplinary orders and disciplinary rules, and fitness to practice law; all three elements must be established.
2. Delayed compliance with a prior disciplinary order does not preclude reinstatement where the noncompliance resulted from a genuine and reasonable misunderstanding, the petitioner ultimately complied, and the evidence otherwise overwhelmingly establishes rehabilitation and fitness.
3. Reinstatement may be conditioned on continued abstinence, random testing, payment of proceeding costs, and compliance with admission and registration requirements.

Questions Presented

1. Whether Driscoll proved by clear and convincing evidence that he was rehabilitated, had complied with applicable disciplinary orders and rules, and was fit to practice law.
2. Whether Driscoll's delayed compliance with the prior sobriety stipulation prevented reinstatement.
3. What conditions should govern Driscoll's reinstatement to protect the public.

Disposition

other