In the Matter of Michael T. Miranda, 2012CO69 (November 27, 2012)

An attorney convicted of a felony is automatically disqualified from practicing law until the sentence is completely served, including parole. In this original proceeding in discipline, the Supreme Court reversed a Hearing Board conditional reinstatement of an attorney convicted of DUI/manslaughter and sentenced to 8 years in prison and 5 years of parole. The attorney sought, and was granted, reinstatement to the practice of law while still on parole. The Attorney Regulation Counsel appealed reinstatement, arguing that CRS 18-1.3-401 barred reinstatement as a matter of law. The Court agreed, emphasizing that parole is merely non-physical confinement, but not release from custody. Therefore, until such time an attorney on parole has completed the full sentence and is unconditionally released from custody, he cannot be reinstated to the practice of law.

http://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2012/12SA112.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8763&courtid=2

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