Disciplinary Board v. Boulger | |||||||
| 20010093 |
In the Matter of the Application
for Disciplinary Action Against John V. Boulger, a Member of the Bar of the State of North Dakota ------------------------------- Disciplinary Board of the Supreme Court of the State of North Dakota, Petitioner v. John V. Boulger, Respondent | ||||||
| Nature of Action: | Disciplinary Proceedings (Civil) | ||||||
| Counsel: |
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| Term: | 09/2001  Argument: 09/10/2001 10:45am | ||||||
| ND cite: | 2001 ND 210 | ||||||
| NW cite: |
637 N.W.2d 710
Listen to recording of oral argument using RealPlayer Basic,© a free download. | ||||||
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| Issues: |
Petitioner's Statement of the Issues: Respondent's Statement of the Issues: 1. Whether John V. Boulger received a "substantial gift" in violation of Rule 1.8(c), N.D.R. Prof. Conduct, by drafting a codicil and a will in which he was a contingent beneficiary where the testator was approximately the same age and had two, healthy teenage sons named as primary beneficiaries. | ||||||
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| 1 | 04/04/2001 | PETITION FOR REVIEW OF ORDER OF DISMISSAL | ||
| 2 | 04/04/2001 | Petitioner's Appendix in support of Petition | ||
| 3 | 04/12/2001 | ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen | ||
| 4 | 04/12/2001 | ACTION BY SUPREME COURT (set for argument). Granted | ||
| 5 | 04/12/2001 | MOT. EXT/TIME PETITIONER BRIEF (sua sponte) | ||
| 6 | 04/12/2001 | ACTION BY CLERK (sua sponte). Granted: 05/11/2001 | ||
| 7 | 04/12/2001 | MOT. EXT/TIME RESPONDENT BRIEF (sua sponte) | ||
| 8 | 04/12/2001 | ACTION BY CLERK (sua sponte). Granted: 06/11/2001 | ||
| 9 | 04/12/2001 | MOT. EXT/TIME REPLY BRIEF (sua sponte/Disciplinary Counsel's Reply Brief) | ||
| 10 | 04/12/2001 | ACTION BY CLERK (sua sponte). Granted: 06/25/2001 | ||
| 11 | 04/18/2001 | RECORD ON APPEAL (which includes orig. transcript dated 11-16-2000) | ||
| 12 | 05/11/2001 | PETITIONER BRIEF | ||
| 13 | 05/11/2001 | PETITIONER'S APPENDIX | ||
| 14 | 05/11/2001 | DISK - PTB e-mailed | ||
| 15 | 05/11/2001 | TRANSCRIPT COMMENCING NOVEMBER 16, 2001 (2 VOLUMES) (Original filed as part of the Record) | ||
| 16 | 06/08/2001 | MOT. EXT/TIME RESPONDENT BRIEF & Affidavit of Ronald H. McLean (Boulger). Denied | ||
| 17 | 06/08/2001 | ACTION BY CLERK (Respondent's Brief). Granted: 06/15/2001 | ||
| 18 | 06/08/2001 | MOT. EXT/TIME REPLY BRIEF of Petitioner (Part of Mot/Ext/of Respondent's Brief) | ||
| 19 | 06/08/2001 | ACTION BY CLERK. Granted: 06/29/2001 | ||
| 20 | 06/14/2001 | Depositions of Rolf Sletten, Wayne Solberg, and Duane Houdek (exhibits 19, 20 & 21 of record) | ||
| 21 | 06/15/2001 | RESPONDENT BRIEF | ||
| 22 | 06/15/2001 | Respondent's Supplemental Appendix | ||
| 23 | 06/25/2001 | DISK NONCOMPLIANCE - TRA (Cover page for transcript cannot be provided as it is typewritten and not | ||
| 24 | 06/25/2001 | prepared on computer or word processor) | ||
| 25 | 06/25/2001 | DISK - TRA (2 volumes) 11-16-01 | ||
| 26 | 06/26/2001 | DISK - RPB | ||
| 27 | 08/13/2001 | SITTING WITH THE COURT: Fontaine, Laurie A. | ||
| 28 | 09/07/2001 | Request for Radio/TV Coverage - AP (e-mail from Jack McDonald dated 9-06-01) (APPROVED) | ||
| 29 | 09/07/2001 | Objection to expanded media coverage (Letter from Ron McClean) | ||
| 30 | 09/07/2001 | ACTION BY SUPREME COURT (Court noted objection and adhered to previous action granting coverage). Denied | ||
| 31 | 09/10/2001 | APPEARANCES: Paul W. Jacobson; Ronald H. McLean | ||
| 32 | 09/10/2001 | ARGUED: Jacobson; McLean (Vol. X; Page 152) | ||
| 33 | 09/10/2001 | ORAL ARGUMENT WEBCAST | ||
| 34 | 12/31/2001 | DISPOSITION: DISCIPLINE IMPOSED | ||
| 35 | 12/31/2001 | SPLIT OPINION: Per Curiam | ||
| 36 | 12/31/2001 | (CONCUR OR DISSENT): Sandstrom, Dale V.: CONCUR | ||
| 37 | 12/31/2001 | John V. Boulger is reprimanded for violation of N.D.R. Prof. Conduct 1.8(c) by drafting a codicil | ||
| 38 | 12/31/2001 | and a will for a client including giving himself a substantial contingent testamentary gift | ||
| 39 | 12/31/2001 | This matter is remanded for assessment of costs to be determined by the Disciplinary Board | ||
| 40 | 01/02/2002 | Order/Judgment Mailed to Parties | ||
| 41 | 01/07/2002 | MOTION FOR SUBSTITUTE PAGES 6, 7, & 8 (sua sponte) | ||
| 42 | 01/07/2002 | ACTION BY SUPREME COURT (substitute pages 6, 7 & 8). Granted | ||
| 43 | 01/11/2002 | Corrected/Substitute Opinion Pages 6, 7 & 8 | ||
| 44 | 01/25/2002 | Affidavit of Publication - Fargo Forum | ||
| 45 | 01/28/2002 | Copy of letter from Rick McGee, Chair of Disciplinary Board, to Paul Jacobson & Ronald McLean RE: | ||
| 46 | 01/28/2002 | Assessment of Costs by Hearing Panel | ||
| 47 | 04/15/2002 | Supplemental ROA (Entry Nos. 29-35), including Order assessing costs in the amount of $3194.92 | ||
| 48 | 04/15/2002 | Amended Judgment mailed to parties | ||
| 49 | 04/26/2002 | Payment of costs in the amount of $3,194.92; receipt no. 14093 | ||
| 50 | 04/26/2002 | Acknowledgment of Satisfaction of Judgment | ||
| 51 | 08/15/2007 | EXPUNGED - Nonpermanent record items destroyed |