Jacobson v. Garaas

20020103 In the Matter of Disciplinary Action
Against Jonathan T. Garaas, a Member
of the Bar of the State of North Dakota
-------------
Paul W. Jacobson,
Disciplinary Counsel, Petitioner
v.
Jonathan T. Garaas, Respondent

Nature of Action: Disciplinary Proceedings (Civil)
Counsel:
Petitioner: Paul W. Jacobson
Respondent: Serkland Law Firm
Respondent: Jonathan T. Garaas
Term: 09/2002   Argument: 09/06/2002  1:30pm
ND cite: 2002 ND 181
NW cite: 652 N.W.2d 918

Listen to recording of oral argument
using RealPlayer Basic,© a free download.

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?

Add Docket 20020103 RSS Add Docket 20020103 RSS

Docket entries:
104/29/2002 PETITION FILED for review of order of hearing panel
204/29/2002 Petitioner's Appendix
304/29/2002 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
405/13/2002 This case is consolidated w/ 20020113 - Make all entries except "Dis" in this case.
505/22/2002 ACTION BY SUPREME COURT (Petition for Review) (Set for Argument)
605/22/2002 Order Mailed to Parties
705/22/2002 MOT. EXT/TIME PETITIONER BRIEF (sua sponte)
805/22/2002 ACTION BY CLERK (sua sponte). Granted: 06/21/2002
905/22/2002 MOT. EXT/TIME RESPONDENT BRIEF (sua sponte)
1005/22/2002 ACTION BY CLERK (sua sponte). Granted: 06/21/2002
1105/30/2002 Transcript of Hearing dated January 8 & 9, 2002 (2 vols.) (NOTE: part of Record)
1206/10/2002 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)
1306/03/2002 RECORD ON APPEAL (includes original Transcripts of Hearing dated 1-8-02 & 1-9-02, and
1406/03/2002 Exhibits DC1-DC7 and Exhibits 1-35,37-38,41,43,45,& 46)
1506/10/2002 Ltr fm Paula Weber, Ct. Rptr. dtd 6-7-02 stating reason cover page not on disk of TRA
1606/21/2002 PETITIONER BRIEF (DB)
1706/21/2002 APPENDIX (Petitioner/DB)
1806/21/2002 RESPONDENT BRIEF
1906/21/2002 APPENDIX (Respondent)
2006/24/2002 DISK - PTB
2106/24/2002 DISK - RPB
2207/05/2002 REPLY BRIEF of Respondent
2307/08/2002 DISK (RYB of Respondent)
2408/20/2002 SITTING WITH THE COURT: O'Keefe, James H.
2509/06/2002 APPEARANCES: Paul W. Jacobson; Ronald H. McLean, Jonathan T. Garaas
2609/06/2002 ARGUED: Jacobson; McLean (Vol. Y; Page 21)
2709/06/2002 ORAL ARGUMENT WEBCAST
2811/15/2002 DISPOSITION: DISCIPLINE IMPOSED
2911/15/2002 UNANIMOUS OPINION: Per Curiam
3011/15/2002 Garaas is publicly reprimanded for violation of N.D.R. Prof. Conduct 3.5(a), 3.5(b), & 8.4(e)
3111/15/2002 Garaas is ordered to pay the costs of the disciplinary proceeding in the amount of $7,312.42
3211/15/2002 Judgment Mailed to Parties
3312/06/2002 Affidavit of Publication (Fargo Forum)
3412/26/2002 Payment of costs in the amount of $7312.42 (receipt no. 14729)
3501/08/2003 Acknowledgment of Satisfaction of Judgment
3602/14/2003 Petition for Writ of Certiorari to U.S. Supreme Court
3704/30/2003 Memo dated 4-29-03 from Disc. Counsel re Pet. for Writ of Certiorari - a response (if any) would be
3804/30/2003 due May 28, 2003
3905/05/2003 Notice from U.S. Supreme Court that Petition has been placed on the April 28, 2003 docket
4005/06/2003 Notice from David Garaas that a Petition for Writ of Certiorari has been filed in US Supreme Court
4106/20/2003 Notice from U.S. Supreme Court that Petition for Writ of Cert. is denied
4207/22/2008 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 04/18/2014