In re Abrams.
2021 CO 44. No. 20SA81. First Amendment—Colo. RPC 8.4(g).
June 7, 2021
In this attorney discipline proceeding, the Supreme Court construed Colo. RPC 8.4(g) and held that, because the rule is narrowly tailored to achieve several compelling state interests and does not illegitimately burden a substantial amount of constitutionally protected speech, the rule is not unconstitutionally overbroad. Further, the Court determined that the rule is not unconstitutionally vague because the lawyer’s conduct in this case would be prohibited under any reasonable construction of the rule. The Court also concluded that the presiding disciplinary judge did not err in his evidentiary rulings. Accordingly, the Court affirmed the hearing board’s judgment imposing sanctions.