Jacobson v. Garaas
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| 20020103 |
In the Matter of Disciplinary Action
Against Jonathan T. Garaas, a Member
of the Bar of the State of North Dakota
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Paul W. Jacobson,
Disciplinary Counsel, Petitioner
v.
Jonathan T. Garaas, Respondent
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Nature of Action: |
Disciplinary Proceedings (Civil)
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| Counsel: |
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| Term: |
09/2002 Argument: 09/06/2002 01:30pm
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| ND cite: |
2002 ND 181
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| NW cite: |
652 N.W.2d 918
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
Issues upon which review was granted from Respondent Garaas' Petition for Review
1.
No violation of any known statute or rule prohibits speech.
2.
No conduct intended to disrupt a tribunal
3.
No lack of respect for, or reproach upon, the legal profession.
4.
No conduct prejudicial to administration of justice.
5.
Lack of notice of sanctionable statements.
6.
Failure to sustain pleading and proof requirements.
7.
Failure to make mandatory factual findings after a failure of predicate pleadings and proof.
Petitioner's Statement of the Issues:
Issues upon which review was granted from Disciplinary Counsel's Petition for Review
1. Whether the Hearing Panel erred in concluding that the comments Garaas made that the North Dakota Supreme Court "made a false representation" were not part of the Petition for Discipline and that therefore the comments would not be the subject of
discipline nor considered in the disposition of the case.
2. Whether the Hearing Panel erred in concluding that the remarks made to the court by Mr. Garaas about Mr. Spaeth telling lies to the court did not constitute a breach of Rule 4.4, RPC, and Rule 3.5(b), RPC.
Respondent's Statement of the Issues:
1. Is Jonathan Garaas' speech protected?
2. Are the rules or statues, relied upon by the Hearing Panel to authorize a public reprimand, too broad to sanction speech?
3. Is there clear and convincing evidence the Jonathan Garaas violated a rule or statute?
4. Was Disciplinary Counsel's burden of proof improperly lessened by the Hearing Panel?
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| 1 | | 04/29/2002 | |
PETITION FILED for review of order of hearing panel |
| 2 | | 04/29/2002 | |
Petitioner's Appendix |
| 3 | | 04/29/2002 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 4 | | 05/13/2002 | |
This case is consolidated w/ 20020113 - Make all entries except "Dis" in this case. |
| 5 | | 05/22/2002 | |
ACTION BY SUPREME COURT (Petition for Review) (Set for Argument) |
| 6 | | 05/22/2002 | |
Order Mailed to Parties |
| 7 | | 05/22/2002 | |
MOT. EXT/TIME PETITIONER BRIEF (sua sponte) |
| 8 | | 05/22/2002 | |
ACTION BY CLERK (sua sponte). Granted: 06/21/2002 |
| 9 | | 05/22/2002 | |
MOT. EXT/TIME RESPONDENT BRIEF (sua sponte) |
| 10 | | 05/22/2002 | |
ACTION BY CLERK (sua sponte). Granted: 06/21/2002 |
| 11 | | 05/30/2002 | |
Transcript of Hearing dated January 8 & 9, 2002 (2 vols.) (NOTE: part of Record) |
| 12 | | 06/10/2002 | |
DISK - TRA of 1-8-02 and 1-9-02 (No cover page on disk - see letter 6-7-02 fm Paula Weber Ct Rptr) |
| 13 | | 06/03/2002 | |
RECORD ON APPEAL (includes original Transcripts of Hearing dated 1-8-02 & 1-9-02, and |
| 14 | | 06/03/2002 | |
Exhibits DC1-DC7 and Exhibits 1-35,37-38,41,43,45,& 46) |
| 15 | | 06/10/2002 | |
Ltr fm Paula Weber, Ct. Rptr. dtd 6-7-02 stating reason cover page not on disk of TRA |
| 16 | | 06/21/2002 | |
PETITIONER BRIEF (DB) |
| 17 | | 06/21/2002 | |
APPENDIX (Petitioner/DB) |
| 18 | | 06/21/2002 | |
RESPONDENT BRIEF |
| 19 | | 06/21/2002 | |
APPENDIX (Respondent) |
| 20 | | 06/24/2002 | |
DISK - PTB |
| 21 | | 06/24/2002 | |
DISK - RPB |
| 22 | | 07/05/2002 | |
REPLY BRIEF of Respondent |
| 23 | | 07/08/2002 | |
DISK (RYB of Respondent) |
| 24 | | 08/20/2002 | |
SITTING WITH THE COURT: O'Keefe, James H. |
| 25 | | 09/06/2002 | |
APPEARANCES: Paul W. Jacobson; Ronald H. McLean, Jonathan T. Garaas |
| 26 | | 09/06/2002 | |
ARGUED: Jacobson; McLean (Vol. Y; Page 21) |
| 27 | | 09/06/2002 | |
ORAL ARGUMENT WEBCAST |
| 28 | | 11/15/2002 | |
DISPOSITION: DISCIPLINE IMPOSED |
| 29 | | 11/15/2002 | |
UNANIMOUS OPINION: Per Curiam |
| 30 | | 11/15/2002 | |
Garaas is publicly reprimanded for violation of N.D.R. Prof. Conduct 3.5(a), 3.5(b), & 8.4(e) |
| 31 | | 11/15/2002 | |
Garaas is ordered to pay the costs of the disciplinary proceeding in the amount of $7,312.42 |
| 32 | | 11/15/2002 | |
Judgment Mailed to Parties |
| 33 | | 12/06/2002 | |
Affidavit of Publication (Fargo Forum) |
| 34 | | 12/26/2002 | |
Payment of costs in the amount of $7312.42 (receipt no. 14729) |
| 35 | | 01/08/2003 | |
Acknowledgment of Satisfaction of Judgment |
| 36 | | 02/14/2003 | |
Petition for Writ of Certiorari to U.S. Supreme Court |
| 37 | | 04/30/2003 | |
Memo dated 4-29-03 from Disc. Counsel re Pet. for Writ of Certiorari - a response (if any) would be |
| 38 | | 04/30/2003 | |
due May 28, 2003 |
| 39 | | 05/05/2003 | |
Notice from U.S. Supreme Court that Petition has been placed on the April 28, 2003 docket |
| 40 | | 05/06/2003 | |
Notice from David Garaas that a Petition for Writ of Certiorari has been filed in US Supreme Court |
| 41 | | 06/20/2003 | |
Notice from U.S. Supreme Court that Petition for Writ of Cert. is denied |
| 42 | | 07/22/2008 | |
EXPUNGED - Nonpermanent record items destroyed |