(dissenting).
I respectfully dissent. Given the nature and degree of Edinger’s misconduct, I conclude that the disciplinary sanction we are imposing is insufficient because it is disproportionate to sanctions we have imposed in other cases. Further, while I am cognizant that Edinger is a solo practitioner and acknowledge the positive benefit that his service as a public defender has for society, I nevertheless disagree with his attempt to use this service as a reason to mitigate the sanction we impose. Given Edinger’s misconduct, I deem it inappropriate to look at the nature of his practice as a mitigating factor.
I would increase the length of time after which Edinger may seek reinstatement from three months to four months. For further explanation of the reasons that underlie my conclusion, see my companion dissent in In re Crandall, 699 N.W.2d 769 (Minn. July 28, 2005), a case heard on the same day we heard this case, which is being released simultaneously with this opinion.