In re Beren
In In re Beren, 178 Ariz. 400, 874 P.2d 320 (1994), the Arizona Supreme Court declined to discipline an attorney who had committed a class six undesignated offense and had been sentenced to probation. 178 Ariz. at 403, 874 P.2d at 323.
The disciplinary rules at that time allowed discipline if a lawyer committed "any felony" or a misdemeanor "involving a serious crime." Id. at 402, 874 P.2d at 322.
The court held that because the attorney had been convicted for a misdemeanor - and not for a serious crime by the time disciplinary proceedings occurred, the attorney had not committed a felony and was not subject to discipline. Id.
This case turned on whether the crime was a felony; it did not turn on any possible punishment that could have been received.