Disciplinary Board v. Overboe

20130303 In the Matter of the Application
for Disciplinary Action Against
David A. Overboe, a Person Admitted
to the Bar of the State of North Dakota
--------------------------
Disciplinary Board of the
Supreme Court of North Dakota Petitioner
v.
David A. Overboe, Respondent

Nature of Action: Disciplinary Proceedings (Civil)
Counsel:
Petitioner: Brent J. Edison
Respondent: Kristin Angela Overboe
Term: 01/2014   Argument: 01/09/2014
ND cite: 2014 ND 62
NW cite: 844 N.W.2d 851

Listen to recording of oral argument in MP3 format

Issues: Petitioner's Statement of the Issues:
1. Whether Overboe should have been transferred to disability inactive status under N.D.R. Lawyer Discipl. 5.1 on the grounds he was incapacitated or unable to assist in his own defense.
2. Whether the Hearing Panel's Findings of Fact and Conclusions of Law are supported by clear and convincing evidence.
3. Whether delay has destroyed the fundamental fairness of the proceedings.


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Docket entries:
110/02/2013 REPORT OF HEARING PANEL
210/03/2013 DISCIPLINARY BOARD SECRETARY SERVED REPORT
310/03/2013 THIS CASE CONSOLIDATED W/ 20130304 - 20130306. MAKE ALL ENTRIES EXCEPT "DIS" IN THIS CASE.
410/22/2013 RESPONDENT OBJECTIONS TO THE FINDINGS,CONCLUSIONS, & RECOMMENDATION BY THE HEARING PANEL (e-filed)
510/24/2013 Original Respondent Objections
611/20/2013 RECORD ON APPEAL DATED November 20, 2013 (ENTRY NOS.1-35)
711/25/2013 Respondent filed request to be heard at oral argument
811/21/2013 PETITIONER BRIEF
911/21/2013 Petitioner's APPENDIX
1011/21/2013 DISK - PTB (e-mailed)
1111/21/2013 Non-compliant RPB received, rejected and given until December 4, 2013, to file compliant brief
1211/25/2013 Received substitution of counsel of Kirstin Overboe for the Respondent
1311/26/2013 TRANSCRIPT DATED July 9, 2013
1411/26/2013 TRA dated July 9, 2013 (e-mailed)
1511/26/2013 Exhibits 4507 (1-2); 4542 (1-3); and 4826 (1-9)
1612/04/2013 RESPONDENT BRIEF (pdf)
1712/04/2013 E-FILED BRIEF (pdf)
1812/04/2013 RESPONDENT APPENDIX
1912/04/2013 E-FILED APPENDIX
2012/06/2013 Received 7 copies of RPB from CSD
2112/09/2013 received $25 e-filing surcharge for RPB (receipt #22521)
2212/10/2013 received certificate of service of Respondent Brief on opposing counsel
2312/10/2013 received correction to Respondent Appendix (page numbers)
2412/13/2013 received 6 copies of Respondent's Appendix from CSD
2512/17/2014 NOTICE OF ORAL ARGUMENT SENT
2601/09/2014 APPEARANCES: Brent J. Edison; Kristin A. Overboe
2701/09/2014 ARGUED: Brent J. Edison; Kristin A. Overboe
2801/09/2014 ORAL ARGUMENT WEBCAST
2904/03/2014 DISPOSITION: DISCIPLINE IMPOSED
3004/03/2014 UNANIMOUS OPINION: Per Curiam,
3104/03/2014 Ordered that Overboe is disbarred from the practice of law in North Dakota effective immediately
3204/03/2014 Ordered to pay costs of disciplinary proceeding of $4,134.41 within 60 days
3304/03/2014 Overboe must comply with N.D.R. lawyer Discipl.6.3 regarding notice and 4.5 regarding reinstatement
3404/03/2014 Opinion sent to District Court Judges, Clerks, etc.
3503/04/2014 Judgment Sent to Parties
3604/04/2014 Summary
3704/04/2014 Order Sent to SBAND, Fargo Forum
3804/07/2014 Affidavit of Publication from The Forum
3906/25/2014 Affidavit of Identification
4006/25/2014 JUDGMENT TRANSCRIBED TO Cass County
4107/01/2014 Rec'd payment of $4,143.41 (Rec # 22883)
4207/02/2014 Notice of Filing Transcript and Judgment
4307/07/2014 Mail to Overboe returned, no forwarding address
4406/19/2015 Satisfaction of Judgment

Generated from Supreme Court Docket on 11/21/2017