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:
Petitioner: Vivian Elaine Berg
Respondent: Serkland Law Firm
Amicus curiae: Dean Winkjer
Term: 01/1992   Argument: 01/13/1992  10:00AM
NW cite: 484 N.W.2d 102

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Docket entries:
111/05/1990 REPORT OF DISCIPLINARY BOARD WHICH INCLUDES FINDINGS AND
211/05/1990 RECOMMENDATION FOR DISCIPLINE (Entry No. 1 of D.B. record)
312/12/1990 Letter from Dean Winkjer requesting permission
412/12/1990 to file an amicus brief
512/12/1990 Court will allow Dean Winkjer to file and serve an amicus
612/12/1990 brief by 4 p.m., 1-21-91
701/11/1991 Letter dated 1-10-91 from Ronald McLean
801/11/1991 STIPULATION AND PETITION FOR DISCIPLINE (Entry No. 4 of D.B. Record)
901/15/1991 Letter dated 1-14-91 from Maureen Holman objecting to
1001/15/1991 Mr. Winkjer filing a brief
1101/16/1991 ANNOUNCED DISQUALIFICATION: Gierke, H F
1201/17/1991 Letter dated 1-16-91 from Dean Winkjer re: Ext
1301/17/1991 of Time to File Amicus Brief
1401/17/1991 ACTION BY SUPREME COURT(Due by 4 p.m.,1/29/91). GRANTED
1501/28/1991 AMICUS CURIAE BRIEF by Dean Winkjer
1601/31/1991 ORIGINAL TRANSCRIPT OF CROSS EXAMINATION OF MARVIN L. KAISER
1701/31/1991 BY ROGER MAGNUSON (dated Oct. 4-5, 1990) - (FILED SUBJECT
1801/31/1991 TO THE APPROVAL OF THE COURT) (see letter dated 1-28-91
1901/31/1991 from Dean Winjer re this transcript)
2002/13/1991 Court rejected Stipulation; appointed Special Master pursu-
2102/13/1991 ant to Rule 53, NDRCivP, and Rule 3.5, NDPRLDD (Entry No. 9 of D.B. Record)
2202/13/1991 Judge Norman Backes was appointed Master
2303/26/1991 Filed Exhibits 1-6; Original Deposition of Dr. Clifford;
2403/26/1991 orig. trans. of hearing dated 9-19-90; Summons & Petition
2503/26/1991 for Discipline; Request for Production of Documents;
2603/26/1991 Answer; Notice to Take Deposition; Notice of Appointment
2703/26/1991 of Hearing Body; Stipulation dated 8-23-89 w/ attached
2803/26/1991 Order Approving Stipulation; Memorandum of Law; Notice
2903/26/1991 of Hearing; Pre-Hearing Memorandum of Law; Subpoena;
3003/26/1991 Stipulation and Order Approving Stipulation; Certificate
3103/26/1991 of Service dated 9-12-89 of Response to Request for
3203/26/1991 Production of Documents (Response not included pursuant
3303/26/1991 Rule 5(d)(1),NDRCivP); and Report of Hearing Panel dated
3403/26/1991 July 31, August 2 and August 8, 1990. (D.B. Record)
3504/04/1991 TRANSCRIPT OF HEARING DATED July 13, 1990 (Entry No. 11 of D.B. Record)
3607/30/1991 Certificate of Deponent: Dean Winkjer Filed with his Depo.
3707/30/1991 Affidavit from Lori Hauge dated 7-29-91 - Re: Deposition of
3807/30/1991 Dean Winkjer Filed with his Deposition.
3907/30/1991 Affidavit from Lori Hauge dated 7-29-91 - Re: Deposition of
4007/30/1991 Eugene Burdick Filed with his Deposition.
4110/24/1991 TRANSCRIPT OF HEARING DATED July 30, 1991
4211/08/1991 Findings and Recommendation of Special Master
4311/08/1991 Refiled Record (together with separates previously sent to
4411/08/1991 Judge Backes
4511/08/1991 Filed records and separates received from Judge Backes:
4611/08/1991 Trans. of Hearing dated 7-30-91; Petitioners Exhibits 1,
4711/08/1991 2, 3, 4, 8, 9, 13, 20, 23, 24, 25, 26, 27, 28, 29 & 43;
4811/08/1991 Respondent's Exhibits 30, 31, 32, 33, 34, 35, 36, 37, 38,
4911/08/1991 39, 40, 41, 42 and 44; Deposition of Marvin Kaiser dated
5011/08/1991 7-31-91; Deposition of Judge Burdick; Deposition
5111/08/1991 of Dean Winkjer; Transcript of William Walters
5211/08/1991 commencing 10-4-90 (Vol. 9 & 10); Video of Judge Burdick's
5311/08/1991 testimony dated 7-26-91; Exhibits 5, 11, 11A, 11B, 22, 43,
5411/08/1991 44, 45 & 46; and misc. documents and correspondence (16).
5511/08/1991 See Vol. 2 for mis. documents and correspondence.
5611/13/1991 Court set hearing at which the appropriate Standards for
5711/13/1991 Imposing Lawyer Sanctions are to be addressed
5812/16/1991 MOTION FOR FILING OF AMICUS BRIEF (see letter
5912/16/1991 dated December 13, 1991, from Dean Winkjer) & 8 Amicus Brief
6012/16/1991 MOT. EXT/TIME PETITIONER BRIEF(per Tel/Call)
6112/16/1991 ACTION BY CLERK. GRANTED: 12/17/1991
6212/16/1991 RESPONDENT BRIEF (Note: Gray Cover)
6312/16/1991 Respondent Appendix
6412/17/1991 PETITIONER BRIEF(ENTITLED "Brief as to Application of
6512/17/1991 Sanction Standards")
6612/17/1991 Appendix of Petitioner
6712/18/1991 RESPONDENT'S MOTION TO STRIKE AMICUS BRIEF
6812/19/1991 ACTION BY SUPREME COURT (Mot/Strike Amicus. DENIED
6912/19/1991 Brief denied and brief filed as of this date)
7012/19/1991 AMICUS CURIAE BRIEF dated 12-13-91 by D. Winkjer
7112/26/1991 Statement of Costs and Expenses
7201/08/1992 SITTING WITH THE COURT: Pederson, Vernon R.
7301/13/1992 APPEARANCES: Vivian E. Berg, Staff Counsel for the Disc.Bd.;
7401/13/1992 Ronald H. McLean
7501/13/1992 ARGUED: Berg; McLean (Vol. S, pg. 181)
7604/10/1992 Letter dated April 9 regarding self report (in response
7704/10/1992 to inquiry from Clerk's office) from Maureen Holman
7804/20/1992 Affidavit dated 4/16/92 of Vivian Berg (in response to
7904/20/1992 inquiry of Clerk's office)
8004/21/1992 DISPOSITION: DISCIPLINE IMPOSED
8104/21/1992 (Mr. Kaiser is suspended for 2 years commencing 6/1/92 and is
8204/21/1992 ordered to pay the costs and expenses of the disciplinary
8304/21/1992 action against him, including reasonable attorney's fees.
8404/21/1992 Before he may practice law again, Kaiser must apply for
8504/21/1992 reinstatement in accordance with NDPRLDD 4.5, including
8604/21/1992 particularly, certification by the bar examiners of
8704/21/1992 Kaiser's successful completion of the Multistate Prof.
8804/21/1992 Responsibility Exam under NDPRLDD 4.5(H).)
8904/21/1992 UNANIMOUS OPINION: PER CURIAM
9005/05/1992 Substitute cover page for opinion filed 4/21/92
9105/07/1992 Summary of discipline imposed
9206/26/1992 According to the Statement of Costs and Expenses that was
9306/26/1992 filed by Disciplinary Bd. counsel in this case on December
9406/26/1992 26, 1991, total costs and expenses are $6,597.68 / Mr.
9506/26/1992 Kaiser sent a check in partial payment of $2,500 leaving a
9606/26/1992 a balance of 4,097.68
9707/22/1992 Partial payment of $2,500, leaving a balance of $1,597.68.
9808/05/1992 Payment in full of $1,597.68 received
9907/25/2001 EXPUNGED - Nonpermanent record items destroyed

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