We thus decline to apply this factor.See In re Whitt , 149 Wash.2d 707, 72 P.3d 173, 180 (2003) (finding that submission of false evidence could not be an aggravating factor where the act was also the factual basis for the count of misconduct); In re Gallagher , 332 Or. 173, 26 P.3d 131, 139 (2001) (holding that "the misconduct constituting a [rule] violation should not be the same conduct that justifies applying ABA Standard 9.22(f)" and noting that doing otherwise would be "double-counting" the misconduct against a respondent); see also People v. Olson , 470 P.3d 789, 805 (Colo. O.P.D.J. 2016) (declining to apply ABA Standard 9.22(f) for the lawyer's intentional witness tampering during the disciplinary hearing where that conduct was the basis for rule violations). Refusal to Acknowledge Wrongful Nature of Conduct – 9.22(g) :
See In re Whitt, 72 P.3d 173, 180 (Wash. 2003) (finding that submission of false evidence could not be an aggravating factor where the act was also the factual basis for the count of misconduct); In re Gallagher, 26 P.3d 131, 139 (Or. 2001) (holding that "the misconduct constituting a [rule] violation should not be the same conduct that justifies applying ABA Standard 9.22(f)" and noting that doing otherwise would be "double-counting" the misconduct against a respondent); see also People v. Olson, 470 P.3d 789, 805 (Colo. O.P.D.J. 2016) (declining to apply ABA Standard 9.22(f) for the lawyer's intentional witness tampering during the disciplinary hearing where that conduct was the basis for rule violations). Refusal to Acknowledge Wrongful Nature of Conduct - 9.22(g):
But because Respondent's criminal conduct forms one of the bases for the People's charges, we assign this factor little weight in aggravation.See People v. Olson , 470 P.3d 789, 806 (Colo. O.P.D.J. 2016) (finding that a lawyer's domestic violence and efforts to dissuade the victim from testifying at the disciplinary hearing were illegal, but giving little weight to this aggravating factor because the criminal conduct formed the basis of the disciplinary charges). Mitigating Factors
RPC 8.4(b) and warranted a suspension for one year and one day, with six months served and the remainder stayed pending a three-year period of probation); People v. Saxon , 470 P.3d 927, 940-52 (Colo. O.P.D.J. 2016) (a lawyer's conviction for violating a protection order and physically assaulting a former girlfriend, considered with other rule violations, warranted a three-year served suspension); People v. Olson , 470 P.3d 789, 807-10 (Colo. O.P.D.J. 2016) (a lawyer's conviction for disorderly conduct stemming from a domestic violence dispute with his wife, considered with other serious rule violations, warranted a thirty-month served suspension); People v. Falco , 470 P.3d 688, 698-99 (Colo. O.P.D.J. 2016) (a lawyer's conviction for attempted third-degree assault, based on criminal conduct in which he hit his pregnant wife in the face with a closed fist, violated Colo.