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
John V. Boulger, Respondent

Nature of Action: Disciplinary Proceedings (Civil)
Petitioner: Paul W. Jacobson
Respondent: Serkland Law Firm
Term: 09/2001   Argument: 09/10/2001
ND cite: 2001 ND 210
NW cite: 637 N.W.2d 710

Listen to recording of oral argument in MP3 format

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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Docket entries:
204/04/2001 Petitioner's Appendix in support of Petition
304/12/2001 ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen
404/12/2001 ACTION BY SUPREME COURT (set for argument). Granted
504/12/2001 MOT. EXT/TIME PETITIONER BRIEF (sua sponte)
604/12/2001 ACTION BY CLERK (sua sponte). Granted: 05/11/2001
704/12/2001 MOT. EXT/TIME RESPONDENT BRIEF (sua sponte)
804/12/2001 ACTION BY CLERK (sua sponte). Granted: 06/11/2001
904/12/2001 MOT. EXT/TIME REPLY BRIEF (sua sponte/Disciplinary Counsel's Reply Brief)
1004/12/2001 ACTION BY CLERK (sua sponte). Granted: 06/25/2001
1104/18/2001 RECORD ON APPEAL (which includes orig. transcript dated 11-16-2000)
1405/11/2001 DISK - PTB e-mailed
1505/11/2001 TRANSCRIPT COMMENCING NOVEMBER 16, 2001 (2 VOLUMES) (Original filed as part of the Record)
1606/08/2001 MOT. EXT/TIME RESPONDENT BRIEF & Affidavit of Ronald H. McLean (Boulger). Denied
1706/08/2001 ACTION BY CLERK (Respondent's Brief). Granted: 06/15/2001
1806/08/2001 MOT. EXT/TIME REPLY BRIEF of Petitioner (Part of Mot/Ext/of Respondent's Brief)
1906/08/2001 ACTION BY CLERK. Granted: 06/29/2001
2006/14/2001 Depositions of Rolf Sletten, Wayne Solberg, and Duane Houdek (exhibits 19, 20 & 21 of record)
2206/15/2001 Respondent's Supplemental Appendix
2306/25/2001 DISK NONCOMPLIANCE - TRA (Cover page for transcript cannot be provided as it is typewritten and not
2406/25/2001 prepared on computer or word processor)
2506/25/2001 DISK - TRA (2 volumes) 11-16-01
2606/26/2001 DISK - RPB
2708/13/2001 SITTING WITH THE COURT: Fontaine, Laurie A.
2809/07/2001 Request for Radio/TV Coverage - AP (e-mail from Jack McDonald dated 9-06-01) (APPROVED)
2909/07/2001 Objection to expanded media coverage (Letter from Ron McClean)
3009/07/2001 ACTION BY SUPREME COURT (Court noted objection and adhered to previous action granting coverage). Denied
3109/10/2001 APPEARANCES: Paul W. Jacobson; Ronald H. McLean
3209/10/2001 ARGUED: Jacobson; McLean (Vol. X; Page 152)
3512/31/2001 SPLIT OPINION: Per Curiam
3612/31/2001 (CONCUR OR DISSENT): Sandstrom, Dale V.: CONCUR
3712/31/2001 John V. Boulger is reprimanded for violation of N.D.R. Prof. Conduct 1.8(c) by drafting a codicil
3812/31/2001 and a will for a client including giving himself a substantial contingent testamentary gift
3912/31/2001 This matter is remanded for assessment of costs to be determined by the Disciplinary Board
4001/02/2002 Order/Judgment Mailed to Parties
4101/07/2002 MOTION FOR SUBSTITUTE PAGES 6, 7, & 8 (sua sponte)
4201/07/2002 ACTION BY SUPREME COURT (substitute pages 6, 7 & 8). Granted
4301/11/2002 Corrected/Substitute Opinion Pages 6, 7 & 8
4401/25/2002 Affidavit of Publication - Fargo Forum
4501/28/2002 Copy of letter from Rick McGee, Chair of Disciplinary Board, to Paul Jacobson & Ronald McLean RE:
4601/28/2002 Assessment of Costs by Hearing Panel
4704/15/2002 Supplemental ROA (Entry Nos. 29-35), including Order assessing costs in the amount of $3194.92
4804/15/2002 Amended Judgment mailed to parties
4904/26/2002 Payment of costs in the amount of $3,194.92; receipt no. 14093
5004/26/2002 Acknowledgment of Satisfaction of Judgment
5108/15/2007 EXPUNGED - Nonpermanent record items destroyed

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