People v. Michael John Reed. 15PDJ071, consolidated with 15PDJ105. April 19, 2016. The Presiding Disciplinary Judge denied on summary judgment the reinstatement petition of Michael John Reed (attorney registration number 36398) on April 19, 2016.
In August 2010, Reed stipulated to violating the Colorado Rules of Professional Conduct in sixteen separate client matters. He was suspended for three years. In March 2012, Reed pleaded guilty in California to a felony violation of cultivation of marijuana and a misdemeanor violation of possession of nunchaku. In March 2015, Reed completed probation, his guilty pleas were withdrawn, a plea of not guilty was entered, the information was dismissed, and the criminal case against him was expunged.
In August 2015, Reed petitioned for reinstatement. Only in October 2015 did he report his conviction to the Office of Attorney Regulation Counsel, which filed in November 2015 a complaint against him. The complaint alleged that by committing a criminal act Reed had violated Colo. RPC 8.4(b) (a lawyer shall not commit a criminal act that reflects adversely on his honesty, trustworthiness, or fitness as a lawyer in other respects) and Colo. RPC 3.4(c) (a lawyer shall not knowingly disobey the rules of a tribunal) by failing to report his California conviction within fourteen days of his guilty plea.
On summary judgment, the Presiding Disciplinary Judge denied Reed’s petition for reinstatement because, as a matter of law, Reed cannot prove by clear and convicting evidence that during his suspension he complied with all applicable disciplinary orders and rules. Under C.R.C.P. 251.29(g), Reed may not petition for reinstatement for another two years.