N.D. Supreme Court

North Dakota Courts Annual Report 2005

Disciplinary Board


The Disciplinary Board was established to provide a procedure for investigating, evaluating and acting upon complaints alleging unethical conduct by attorneys licensed in North Dakota. The Rules of Professional Conduct are the primary guide for lawyer conduct, and the North Dakota Rules for Lawyer Discipline provide the procedural framework for the handling and disposition of complaints. By Supreme Court rule, the Joint Committee on Attorney Standards provides the vehicle for the coordinated, complementary, and continuing study and review of the range of issues concerning attorney conduct and discipline.

When a written complaint alleging attorney misconduct is received, it is filed with the Board’s secretary and referred to the District Inquiry Committee Northeast, Southeast or West of the State Bar Association. The chair of the respective committee reviews the complaint and, if appropriate, assigns the complaint for investigation to a member of the committee or staff counsel. If the complaint, on its face, does not indicate misconduct, an investigation will not be initiated and the matter will be referred to the committee for summary dismissal. Actions available to district inquiry committees include dismissal, issuing an admonition, probation with the consent of the respondent attorney, or directing that formal proceedings be instituted.

Formal proceedings are instituted when a petition for discipline is filed which outlines the charges against the attorney. A hearing panel is appointed by the chair of the Disciplinary Board to consider the petition and other evidence regarding it, make findings and a recommendation, and enter appropriate orders. Present and past members of the Board may serve as hearing panel members. Recommendations of the hearing panel which do not result in dismissal, consent probation, or reprimand are filed directly with the Court. The hearing panel may enter orders of dismissal, consent probation or reprimand; however, they are subject to a petition for review that is filed with the Court. This petition must show that the panel’s action was arbitrary, capricious or unreasonable.

Non-lawyer citizens are members of the District Inquiry Committees and the Disciplinary Board. All members of the Board and the Inquiry Committees are volunteers. While many complaints are dismissed as groundless, the amount of volunteer time needed to run the system is significant.

Ronald F. Fischer, Grand Forks, served as chair of the Disciplinary Board in 2005. Paul Jacobson, Bismarck, serves as Disciplinary Counsel, and Brent Edison, Bismarck, serves as Assistant Disciplinary Counsel.

Following is a summary of complaint files under consideration in 2005.

New Complaint Files Opened in 2005

222

General Nature of Complaints:
Client Funds & Property
Conflict of Interest
Criminal Convictions
Disability/Incapacity to Practice Law
Excessive Fees
Failure to Communicate/Cooperate with Client
Improper Conduct
Incompetent Representation
Misappropriation/Fraud
Neglect/Delay
Petition for Reinstatement
Unauthorized Practice of Law
Reciprocal Discipline


8
12
1
1
7
7
110
58
2
7
2
5
3

TOTAL

222

Formal Proceedings Pending From Prior Years

31

Other Complaint Files Pending From Prior Years

81

Appeals Filed with Disciplinary Board in 2005

26

Appeals Filed with Supreme Court in 2005

0

Total Files for Consideration in 2005

360

Disposition of Complaint Files:
Dismissed by Inquiry Committees
Dismissed Without Prejudice by Inquiry Committees
Summary Dismissals by Inquiry Committees
Admonitions Issued by Inquiry Committees
Consent Probation by Inquiry Committees
Referred to Lawyer Assistance Program By Inquiry Committee
Disciplinary Board Approves IC Dismissal
Disciplinary Board Disapproves IC Disposition
Disciplinary Board Approves IC Admonition
Disciplinary Board Approves Consent Probation
Dismissal by Hearing Panel
Reprimand by Hearing Panel
Reprimand by Supreme Court
Reinstatement by Supreme Court
Suspensions by Supreme Court
Disbarments by Supreme Court
Dismissal of Petition for Discipline by Supre Court
No Discipline/Disability Recommendation Accepted by Supreme Court
Transfer to Disability Status by Supreme Court
Interim Suspensions by Supreme Court
Formal Proceedings Pending 12/31/05
Other Complaint Files Pending 12/31/05


97
0
60
14
5

1
24
3
1
1
2
1
4
0
11*
2
1

1
0
1
28
106

TOTAL

364**



 *11 files resulted in the suspension of 4 attorneys.
**Number reflects multiple dispositions and an interim suspension.