Disciplinary Board v. McKechnie
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| 20030153 |
In the Matter of the Application for
Disciplinary Action Against William E.
McKechnie, a Member of the Bar of the
State of North Dakota
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Disciplinary Board of the Supreme Court
of the State of North Dakota, Petitioner
v.
William E. McKechnie, Respondent
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Nature of Action: |
Disciplinary Proceedings (Civil)
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| Counsel: |
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| Term: |
10/2003 Argument: 10/15/2003 02:45pm
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| ND cite: |
2003 ND 170
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| NW cite: |
670 N.W.2d 864
Listen to recording of oral argument
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| Issues: |
Petitioner's Statement of the Issues:
I. Whether there was clear and convincing evidence that McKechnie violated Rule 1.3, NDRPC.
II. Whether the hearing panel's recommendation of a one-year suspension from the practice of law and the payment of costs is appropriate under the North Dakota Standards For Imposing Lawyer Discipline.
III. Whether the hearing panel erred in failing to recommend that McKechnie pay restitution to Marvin French.
IV. Whether McKechnie was denied due process.
Respondent's Statement of the Issues:
A.The Hearing Panel Violated McKechnie's Due Process Rights By Exceeding the Scope of Remand
B. McKechnie's Due Process Rights Were Violated By Not Receiving Proper Notice And A Fair Opportunity to Meet The Charges Leveled Against Him
C. Hegland Failed To Meet Her Burden of Presenting Clear And Convincing Evidence That McKechnie Violates N.D.R.Prof. Conduct 1.3
D. The Hearing Panel's Findings Of Fact Upon Remand Are Clearly Erroneous
E. The Hearing Panel Abused Its Discretion In Concluding McKechnie Violated Rule 1.3 and Did Not Assign the French Matter to Waller Until September 1998
F. The Hearing Panel Abused Its Discretion In Recommending a One-Year Suspension
G. Hegland Abused Her Discretion in Requesting Costs and Attorney's Fees On Issues Upon Which Were Dismissed
H. Disciplinary Counsel Abused Her Discretion In Recommending That McKechnie Pay Restitution
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| 1 | | 06/02/2003 | |
REPORT OF Hearing Panel (Part of Record) |
| 2 | | 06/02/2003 | |
REPORT OF HEARING BODY SERVED ON PARTIES/COUNSEL |
| 3 | | 06/05/2003 | |
Disciplinary Counsel's Objections to Report of Hearing Panel & Cert./Serv. |
| 4 | | 06/10/2003 | |
Certificate on Appeal |
| 5 | | 06/17/2003 | |
Objections by Respondent William E. McKechnie to Report of Hearing Panel w/ attachments & Cert/Serv |
| 6 | | 06/24/2003 | |
Supplemental Certificate |
| 7 | | 07/22/2003 | |
RESPONDENT BRIEF |
| 8 | | 07/22/2003 | |
RESPONDENT'S APPENDIX |
| 9 | | 07/22/2003 | |
Affidavit of Service by Mail |
| 10 | | 07/22/2003 | |
DISK - RPB |
| 11 | | 07/22/2003 | |
PETITIONER BRIEF |
| 12 | | 07/22/2003 | |
PETITIONER'S APPENDIX |
| 13 | | 07/23/2003 | |
Corrected covers for PTB and Appendix |
| 14 | | 07/25/2003 | |
DISK - PTB |
| 15 | | 07/28/2003 | |
8 corrected covers for RPB & appendix |
| 16 | | 10/15/2003 | |
APPEARANCES: Paul W. Jacobson and James S. Hill |
| 17 | | 10/15/2003 | |
ARGUED: Jacobson; Hill (Vol. Y; Page 156) |
| 18 | | 10/15/2003 | |
ORAL ARGUMENT WEBCAST |
| 19 | | 10/20/2003 | |
2nd Supplemental Certificate of Record (Entry #92 - Transcript dated March 5, 2002) |
| 20 | | 11/13/2003 | |
DISPOSITION: DISCIPLINE IMPOSED |
| 21 | | 11/13/2003 | |
UNANIMOUS OPINION: Per Curiam |
| 22 | | 11/13/2003 | |
William E. McKechnie is suspended from the practice of law for six months and one day effective |
| 23 | | 11/13/2003 | |
January 1, 2004, for violation of N.D.R.Prof.Conduct 1.3 |
| 24 | | 11/13/2003 | |
McKechnie is to pay the costs and attorney's fees for the disciplinary proceeding in the amount of |
| 25 | | 11/13/2003 | |
$4,560.12, payable to the Secretary of the Disciplinary Board |
| 26 | | 11/14/2003 | |
Notice of Order Suspending Attorney Mailed to Grand Forks Herald, SBAND,Michie,US Supreme Court, US |
| 27 | | 11/14/2003 | |
Court of Appeals, and Martindale-Hubbell and e-mailed to district court judges, clerks, federal |
| 28 | | 11/14/2003 | |
court judges & clerks, and others |
| 29 | | 11/17/2003 | |
Judgment Mailed to Parties |
| 30 | | 11/26/2003 | |
PETITION FOR REHEARING & Addendum |
| 31 | | 11/26/2003 | |
DISK - PER (e-mailed) |
| 32 | | 12/02/2003 | |
ACTION BY SUPREME COURT (PER). Denied |
| 33 | | 12/11/2003 | |
Affidavit of Publication - Grand Forks Herald |
| 34 | | 12/10/2003 | |
PETITION FOR REHEARING (handwritten letter dated 12-8-03 from Marvin French) |
| 35 | | 12/10/2003 | |
DISK - PER (French)(scanned) |
| 36 | | 12/12/2003 | |
Affidavit in Compliance with Rule 6.3 |
| 37 | | 12/19/2003 | |
ACTION BY SUPREME COURT. denied |
| 38 | | 01/02/2004 | |
Affidavit of Identification |
| 39 | | 01/02/2004 | |
JUDGMENT TRANSCRIBED TO Grand Forks Co. |
| 40 | | 01/07/2004 | |
Notice of Filing Transcript & Docketing Judgment (Grand Forks Co.) |
| 41 | | 12/09/2010 | |
EXPUNGED - Nonpermanent record items destroyed |