Disciplinary Board v. Johnson - Nos. 20070107 - 20070108
Case Summary
Attorney Samuel S. Johnson and Disciplinary Counsel both object to a hearing panel's recommendation to suspend Johnson from the practice of law for sixty days and that he be required to pay the costs and expenses of the disciplinary proceeding.
A disciplinary proceeding was brought against Johnson based upon his conduct in two separate incidents. After a hearing, the hearing panel found Johnson violated the North Dakota Rules of Professional Conduct by making false statements to a third person, threatening and attempting to intimidate a third person in representing a client, making false statements to the court, and engaging in conduct that is prejudicial to the administration of justice. The hearing panel also found Johnson violated the North Dakota Rules of Lawyer Discipline by engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation and engaging in conduct prejudicial to the administration of justice. The hearing panel recommended Johnson be suspended from the practice of law for sixty days and that he pay the costs and expenses of the disciplinary proceedings in the amount of $8,670.36.
Johnson argues the hearing panel's findings of fact are not supported by the evidence, he did not violate the rules of professional conduct or lawyer discipline, and the sanction imposed is too harsh. Disciplinary Counsel argues Johnson should be suspended from the practice of law for six months and one day and should pay the costs and expenses of the proceeding.