Disciplinary Board v. Dyer

20120020 In the Matter of the Application for
Disciplinary Action Against Edwin W.F.
Dyer, A Member of the Bar of the State
of North Dakota
-----------------
Disciplinary Board of the Supreme Court
of the State of North Dakota, Petitioner
v.
Edwin W.F. Dyer, III, Respondent

Nature of Action: Disciplinary Proceedings (Civil)
Counsel:
Petitioner: Paul W. Jacobson
Respondent: Michael Ray Hoffman
Term: 04/2012   Argument: 04/05/2012  2:45pm
ND cite: 2012 ND 118
NW cite: 817 N.W.2d 351

Listen to recording of oral argument in MP3 format

Issues: Respondent's Statement of the Issues:
Dyers Statement of Issues:
ISSUE FOR REVIEW NO. 1: Mr. Dyer did not violate Rule 8.1(b) of the North Dakota Rules of Professional Conduct in that he did not knowingly fail to respond to a lawful demand for information from a disciplinary authority.
ISSUE FOR REVIEW NO. 2: Can Dyer be disciplined after relying on authority when there is no North Dakota Supreme Court case directly on point?
ISSUE FOR REVIEW NO. 3: Can there be a dismissal without prejudice after a hearing on the merits?
ISSUE FOR REVIEW NO. 4 The discipline ordered by the Hearing Panel was not warranted.

Summers Statement of Issues:
I. Whether the Disciplinary Board Failed to Dismiss the Complaint, in toto, Because Disciplinary Counsel Failed to Bring Forward the Original Complainant to Testify as to the Foundation of the Original and Amended Petitions.
II. Whether the Disciplinary Board Erred in Finding That The "Respondents had no valid basis for refusing to produce the Trust Account records as ordered in the Hearing Panel's Order on Motion to Compel."
III. The Disciplinary Board Erred in Granting and then Dismissing the Amended Petition Without Prejudice Because Ms. Summers Had no Notice as to What Was the Requisite and Proper Conduct under Rule 1.6 and Rule 1.15 of the North Dakota Rules of Professional Conduct.
IV. Whether the Disciplinary Board Erred in not Providing Sanctions in its Recommendations to Ms. Summers as Other Attorneys have in Similar Situations.

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Docket entries:
101/12/2012 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATIONS
201/13/2012 FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS SERVED ON PARTIES/COUNSEL
301/13/2012 THIS CASE CONSOLIDATED W/ 20120021-20120023. MAKE ALL ENTRIES EXCEPT "DIS" IN THIS CASE.
402/01/2012 RECORD ON APPEAL
502/01/2012 TRANSCRIPT DATED September 15, 2011 (Original is 70 in Certificate of Record)
602/01/2012 DISK of tra dated 9-15-11 (e-mailed)
702/02/2012 Copy of Transcript dated 9-15-11
802/02/2012 Disciplinary Counsel's Objections to Report of Hearing Panel
902/02/2012 Lawyer's Objections to Report - counsel for Mr. Dyer
1002/02/2012 Ms. Anne Summer's Objections to the Findings of Fact, Conclusions of Law, and Recommendations
1102/02/2012 EFILED Anne Summer's Objections
1203/05/2012 MOT. EXT/TIME RESPONDENT BRIEF of Anne Summers (20120022 & 20120023)
1303/05/2012 E-FILED MOTION
1403/05/2012 ACTION BY CHIEF DEPUTY CLERK (MRP of Anne Summers). Granted: 03/09/2012
1503/05/2012 MOT. EXT/TIME RESPONDENT BRIEF of Edward W.F. Dyer, III (20120020 & 20120021)
1603/05/2012 E-FILED MOTION
1703/05/2012 ACTION BY CHIEF DEPUTY CLERK (MRP of Edward W.F. Dyer III). Granted: 03/09/2012
1803/05/2012 PETITIONER BRIEF (Disciplinary Counsel)
1903/05/2012 Petitioner's APPENDIX (Disciplinary Counsel)
2003/05/2012 DISK - PTB (CD-ROM)
2103/09/2012 BRIEF of Respondent Dyer and Addendum (20120020 & 20120021)
2203/09/2012 APPELLEE APPENDIX (Dyer) (20120020 & 20120021)
2303/09/2012 Brief of Respondent Anne Summers (Withdrawn & replaced by RPB filed 3-13-12)
2403/09/2012 DISK - RPB (Dyer) (e-mailed)
2503/13/2012 Table of Contents for Appendix of Dyer (20120020 & 20120021)
2603/13/2012 ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen
2703/15/2012 NOTICE OF ORAL ARGUMENT SENT
2803/13/2012 Brief of Respondent Summers (20120022 & 20120023) (Amended)
2903/13/2012 E-FILED BRIEF
3003/19/2012 SITTING WITH THE COURT: Lee, Gary H.
3103/16/2012 Received surcharge for RPB (Summers) (Receipt #20923)
3203/19/2012 Received 7 copies of RPB (Summers) from CSD
3304/05/2012 APPEARANCES: Paul W. Jacobson; Michael R. Hoffman; Gregory I. Runge
3404/05/2012 ARGUED: Paul W. Jacobson; Michael R. Hoffman; Gregory I. Runge
3504/05/2012 ORAL ARGUMENT WEBCAST
3606/07/2012 DISPOSITION: DISCIPLINE IMPOSED
3706/07/2012 UNANIMOUS OPINION: Per Curiam
3806/07/2012 Suspended for nine months, effective 8-1-12, payment of $3957.26 each in costs & comply with
3906/07/2012 N.D.R.Lawyer Discipl. 6.3
4006/07/2012 Costs of $3,957.26 each to be paid to Secretary of Disciplinary Board
4106/08/2012 Sent Notice of Order of Suspension to newspaper, SBAND, & Others
4206/08/2012 Judgment Sent to Parties
4306/25/2012 Affidavit of Publication - Bismarck Tribune
4408/14/2012 Affidavit in Compliance with N.D.R. Lawyer Discipl., Rule 6.3 from respondent,Ed Dyer, III
4508/24/2012 Affidavit of Identification- Summers
4608/24/2012 Affidavit of Identification - Dyer
4708/24/2012 JUDGMENT TRANSCRIBED TO BURLEIGH COUNTY
4808/29/2012 Notice of Filing Transcript and Docketing Judgment

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