Disciplinary Board v. Kaiser | ||||||||||
| 900393 |
IN THE MATTER OF THE APPLICATION
FOR DISCIPLINARY ACTION AGAINST MARVIN L. KAISER, 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. Marvin L. Kaiser, Respondent | |||||||||
| Nature of Action: | Disciplinary Proceedings (Civil) | |||||||||
| Counsel: |
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| Term: | 01/1992 Argument: 01/13/1992 10:00AM | |||||||||
| NW cite: |
484 N.W.2d 102
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 Add Docket 900393 RSS
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| 1 | 11/05/1990 | REPORT OF DISCIPLINARY BOARD WHICH INCLUDES FINDINGS AND | ||
| 2 | 11/05/1990 | RECOMMENDATION FOR DISCIPLINE (Entry No. 1 of D.B. record) | ||
| 3 | 12/12/1990 | Letter from Dean Winkjer requesting permission | ||
| 4 | 12/12/1990 | to file an amicus brief | ||
| 5 | 12/12/1990 | Court will allow Dean Winkjer to file and serve an amicus | ||
| 6 | 12/12/1990 | brief by 4 p.m., 1-21-91 | ||
| 7 | 01/11/1991 | Letter dated 1-10-91 from Ronald McLean | ||
| 8 | 01/11/1991 | STIPULATION AND PETITION FOR DISCIPLINE (Entry No. 4 of D.B. Record) | ||
| 9 | 01/15/1991 | Letter dated 1-14-91 from Maureen Holman objecting to | ||
| 10 | 01/15/1991 | Mr. Winkjer filing a brief | ||
| 11 | 01/16/1991 | ANNOUNCED DISQUALIFICATION: Gierke, H F | ||
| 12 | 01/17/1991 | Letter dated 1-16-91 from Dean Winkjer re: Ext | ||
| 13 | 01/17/1991 | of Time to File Amicus Brief | ||
| 14 | 01/17/1991 | ACTION BY SUPREME COURT(Due by 4 p.m.,1/29/91). GRANTED | ||
| 15 | 01/28/1991 | AMICUS CURIAE BRIEF by Dean Winkjer | ||
| 16 | 01/31/1991 | ORIGINAL TRANSCRIPT OF CROSS EXAMINATION OF MARVIN L. KAISER | ||
| 17 | 01/31/1991 | BY ROGER MAGNUSON (dated Oct. 4-5, 1990) - (FILED SUBJECT | ||
| 18 | 01/31/1991 | TO THE APPROVAL OF THE COURT) (see letter dated 1-28-91 | ||
| 19 | 01/31/1991 | from Dean Winjer re this transcript) | ||
| 20 | 02/13/1991 | Court rejected Stipulation; appointed Special Master pursu- | ||
| 21 | 02/13/1991 | ant to Rule 53, NDRCivP, and Rule 3.5, NDPRLDD (Entry No. 9 of D.B. Record) | ||
| 22 | 02/13/1991 | Judge Norman Backes was appointed Master | ||
| 23 | 03/26/1991 | Filed Exhibits 1-6; Original Deposition of Dr. Clifford; | ||
| 24 | 03/26/1991 | orig. trans. of hearing dated 9-19-90; Summons & Petition | ||
| 25 | 03/26/1991 | for Discipline; Request for Production of Documents; | ||
| 26 | 03/26/1991 | Answer; Notice to Take Deposition; Notice of Appointment | ||
| 27 | 03/26/1991 | of Hearing Body; Stipulation dated 8-23-89 w/ attached | ||
| 28 | 03/26/1991 | Order Approving Stipulation; Memorandum of Law; Notice | ||
| 29 | 03/26/1991 | of Hearing; Pre-Hearing Memorandum of Law; Subpoena; | ||
| 30 | 03/26/1991 | Stipulation and Order Approving Stipulation; Certificate | ||
| 31 | 03/26/1991 | of Service dated 9-12-89 of Response to Request for | ||
| 32 | 03/26/1991 | Production of Documents (Response not included pursuant | ||
| 33 | 03/26/1991 | Rule 5(d)(1),NDRCivP); and Report of Hearing Panel dated | ||
| 34 | 03/26/1991 | July 31, August 2 and August 8, 1990. (D.B. Record) | ||
| 35 | 04/04/1991 | TRANSCRIPT OF HEARING DATED July 13, 1990 (Entry No. 11 of D.B. Record) | ||
| 36 | 07/30/1991 | Certificate of Deponent: Dean Winkjer Filed with his Depo. | ||
| 37 | 07/30/1991 | Affidavit from Lori Hauge dated 7-29-91 - Re: Deposition of | ||
| 38 | 07/30/1991 | Dean Winkjer Filed with his Deposition. | ||
| 39 | 07/30/1991 | Affidavit from Lori Hauge dated 7-29-91 - Re: Deposition of | ||
| 40 | 07/30/1991 | Eugene Burdick Filed with his Deposition. | ||
| 41 | 10/24/1991 | TRANSCRIPT OF HEARING DATED July 30, 1991 | ||
| 42 | 11/08/1991 | Findings and Recommendation of Special Master | ||
| 43 | 11/08/1991 | Refiled Record (together with separates previously sent to | ||
| 44 | 11/08/1991 | Judge Backes | ||
| 45 | 11/08/1991 | Filed records and separates received from Judge Backes: | ||
| 46 | 11/08/1991 | Trans. of Hearing dated 7-30-91; Petitioners Exhibits 1, | ||
| 47 | 11/08/1991 | 2, 3, 4, 8, 9, 13, 20, 23, 24, 25, 26, 27, 28, 29 & 43; | ||
| 48 | 11/08/1991 | Respondent's Exhibits 30, 31, 32, 33, 34, 35, 36, 37, 38, | ||
| 49 | 11/08/1991 | 39, 40, 41, 42 and 44; Deposition of Marvin Kaiser dated | ||
| 50 | 11/08/1991 | 7-31-91; Deposition of Judge Burdick; Deposition | ||
| 51 | 11/08/1991 | of Dean Winkjer; Transcript of William Walters | ||
| 52 | 11/08/1991 | commencing 10-4-90 (Vol. 9 & 10); Video of Judge Burdick's | ||
| 53 | 11/08/1991 | testimony dated 7-26-91; Exhibits 5, 11, 11A, 11B, 22, 43, | ||
| 54 | 11/08/1991 | 44, 45 & 46; and misc. documents and correspondence (16). | ||
| 55 | 11/08/1991 | See Vol. 2 for mis. documents and correspondence. | ||
| 56 | 11/13/1991 | Court set hearing at which the appropriate Standards for | ||
| 57 | 11/13/1991 | Imposing Lawyer Sanctions are to be addressed | ||
| 58 | 12/16/1991 | MOTION FOR FILING OF AMICUS BRIEF (see letter | ||
| 59 | 12/16/1991 | dated December 13, 1991, from Dean Winkjer) & 8 Amicus Brief | ||
| 60 | 12/16/1991 | MOT. EXT/TIME PETITIONER BRIEF(per Tel/Call) | ||
| 61 | 12/16/1991 | ACTION BY CLERK. GRANTED: 12/17/1991 | ||
| 62 | 12/16/1991 | RESPONDENT BRIEF (Note: Gray Cover) | ||
| 63 | 12/16/1991 | Respondent Appendix | ||
| 64 | 12/17/1991 | PETITIONER BRIEF(ENTITLED "Brief as to Application of | ||
| 65 | 12/17/1991 | Sanction Standards") | ||
| 66 | 12/17/1991 | Appendix of Petitioner | ||
| 67 | 12/18/1991 | RESPONDENT'S MOTION TO STRIKE AMICUS BRIEF | ||
| 68 | 12/19/1991 | ACTION BY SUPREME COURT (Mot/Strike Amicus. DENIED | ||
| 69 | 12/19/1991 | Brief denied and brief filed as of this date) | ||
| 70 | 12/19/1991 | AMICUS CURIAE BRIEF dated 12-13-91 by D. Winkjer | ||
| 71 | 12/26/1991 | Statement of Costs and Expenses | ||
| 72 | 01/08/1992 | SITTING WITH THE COURT: Pederson, Vernon R. | ||
| 73 | 01/13/1992 | APPEARANCES: Vivian E. Berg, Staff Counsel for the Disc.Bd.; | ||
| 74 | 01/13/1992 | Ronald H. McLean | ||
| 75 | 01/13/1992 | ARGUED: Berg; McLean (Vol. S, pg. 181) | ||
| 76 | 04/10/1992 | Letter dated April 9 regarding self report (in response | ||
| 77 | 04/10/1992 | to inquiry from Clerk's office) from Maureen Holman | ||
| 78 | 04/20/1992 | Affidavit dated 4/16/92 of Vivian Berg (in response to | ||
| 79 | 04/20/1992 | inquiry of Clerk's office) | ||
| 80 | 04/21/1992 | DISPOSITION: DISCIPLINE IMPOSED | ||
| 81 | 04/21/1992 | (Mr. Kaiser is suspended for 2 years commencing 6/1/92 and is | ||
| 82 | 04/21/1992 | ordered to pay the costs and expenses of the disciplinary | ||
| 83 | 04/21/1992 | action against him, including reasonable attorney's fees. | ||
| 84 | 04/21/1992 | Before he may practice law again, Kaiser must apply for | ||
| 85 | 04/21/1992 | reinstatement in accordance with NDPRLDD 4.5, including | ||
| 86 | 04/21/1992 | particularly, certification by the bar examiners of | ||
| 87 | 04/21/1992 | Kaiser's successful completion of the Multistate Prof. | ||
| 88 | 04/21/1992 | Responsibility Exam under NDPRLDD 4.5(H).) | ||
| 89 | 04/21/1992 | UNANIMOUS OPINION: PER CURIAM | ||
| 90 | 05/05/1992 | Substitute cover page for opinion filed 4/21/92 | ||
| 91 | 05/07/1992 | Summary of discipline imposed | ||
| 92 | 06/26/1992 | According to the Statement of Costs and Expenses that was | ||
| 93 | 06/26/1992 | filed by Disciplinary Bd. counsel in this case on December | ||
| 94 | 06/26/1992 | 26, 1991, total costs and expenses are $6,597.68 / Mr. | ||
| 95 | 06/26/1992 | Kaiser sent a check in partial payment of $2,500 leaving a | ||
| 96 | 06/26/1992 | a balance of 4,097.68 | ||
| 97 | 07/22/1992 | Partial payment of $2,500, leaving a balance of $1,597.68. | ||
| 98 | 08/05/1992 | Payment in full of $1,597.68 received | ||
| 99 | 07/25/2001 | EXPUNGED - Nonpermanent record items destroyed |