Disciplinary Board v. Mertz
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| 20050360 |
In the Matter of the Application
for Disciplinary Action Against
Monty G. Mertz, 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.
Monty G. Mertz, Respondent
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Nature of Action: |
Disciplinary Proceedings (Civil)
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| Counsel: |
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| Term: |
01/2006 Argument: 01/12/2006 10:45am
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| ND cite: |
2006 ND 85
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| NW cite: |
712 N.W.2d 849
Listen to recording of oral argument
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| Issues: |
Respondent's Statement of the Issues:
1. Whether Finding number 9 of the Hearing Panel is based on an incorrect reading of the law regarding defamation and is not supported by clear and convincing evidence?
2. Whether the Hearing Panel's conclusion number 1 is in error and not supported by clear and convincing evidence, because Mr. Mertz did not unlawfully obstruct another party's access to evidence, nor did he attempt to dissuade Mr. Hanson from
providing truthful information or from testifying in court?
3. Whether the Hearing Panel's Conclusion number 2 is in error because Mr. Mertz's letter was written as an offer of settlement, as clearly indicated in the letter's second paragraph, prior to his bringing any defamation action against Mr. Hansen,
and the conclusion that Mr. Mertz used language with no other purpose than to embarrass or burden Mr. Hanson is not supported by clear and convincing evidence and, furthermore, contradicts the panel's own findings, numbers 7 and 8?
4. Whether the Hearing Panel's findings that Mr. Mertz failed to acknowledge the wrongful nature of the conduct is supported by clear and convincing evidence?
5. Whether the recommendation for a one-month suspension is supported by clear and convincing evidence and based upon the Hearing Panel's failure to address several mitigating factors?
6. Whether the Disciplinary Counsel's Objections to the Hearing Panel's Report have any merit?
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| 1 | | 10/17/2005 | |
REPORT OF DISCIPLINARY BOARD (part of Record) |
| 2 | | 10/17/2005 | |
REPORT OF HEARING BODY SERVED ON PARTIES/COUNSEL |
| 3 | | 10/17/2005 | |
ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen |
| 4 | | 10/21/2005 | |
CERTIFICATE includes transcript dtd 8-18-05 & attached Exhs.1-12 |
| 5 | | 10/21/2005 | |
DISK of tra 8-18-05 (Entry #17 in Certificate) |
| 6 | | 11/01/2005 | |
Supplemental Certificate dated 11-1-05 (Entry #20) |
| 7 | | 11/04/2005 | |
Objections to Report of Hearing Panel (respondent) |
| 8 | | 11/07/2005 | |
Disciplinary Counsel's Objections to Report of Hearing Panel |
| 9 | | 12/02/2005 | |
RESPONDENT BRIEF |
| 10 | | 12/02/2005 | |
Respondent's APPENDIX |
| 11 | | 12/05/2005 | |
DISK (RPB) |
| 12 | | 12/06/2005 | |
PETITIONER BRIEF |
| 13 | | 12/06/2005 | |
PETITIONER APPENDIX |
| 14 | | 12/06/2005 | |
DISK - PTB |
| 15 | | 12/08/2005 | |
Corrected cover page for Respondent's Brief |
| 16 | | 12/23/2005 | |
SITTING WITH THE COURT: Olson, Everett Nels |
| 17 | | 01/06/2006 | |
Request for Radio/TV Coverage - AP (e-mail dated 1-06-06 from Dale Wetzel) Authorized |
| 18 | | 01/12/2006 | |
APPEARANCES: Paul W. Jacobson; Craig E. Johnson, Monty G. Mertz |
| 19 | | 01/12/2006 | |
ARGUED: Jacobson; Johnson |
| 20 | | 01/12/2006 | |
ORAL ARGUMENT WEBCAST |
| 21 | | 04/24/2006 | |
DISPOSITION (public reprimand): DISCIPLINE IMPOSED |
| 22 | | 04/24/2006 | |
UNANIMOUS OPINION: Per Curiam |
| 23 | | 04/24/2006 | |
Publicly reprimanded for violation of N.D.R.Prof. Conduct 4.4, Respect for Rights of Third Persons |
| 24 | | 04/24/2006 | |
Mr. Mertz is ordered to pay $2,966.96 in costs & expenses for the disciplinary proceedings |
| 25 | | 04/24/2006 | |
Judgment Mailed to Parties |
| 26 | | 04/25/2006 | |
Notice of Order Reprimanding Attorney |
| 27 | | 04/28/2006 | |
Payment of $2966.96 for costs of disciplinary proceeding (receipt 16851) |
| 28 | | 05/03/2006 | |
Acknowledgment of Satisfaction of Judgment |
| 29 | | 05/19/2006 | |
Affidavit of Publication -- Fargo Forum, Notice of Order Reprimanding Attorney |