Disciplinary Board v. McDonald

990359 IN THE MATTER OF APPLICATION FOR
DISCIPLINARY ACTION AGAINST
SCOTT J. MCDONALD, 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.
Scott J. McDonald, Respondent

Nature of Action: Disciplinary Proceedings (Civil)
Counsel:
Petitioner: Paul W. Jacobson
Respondent: Zuger Kirmis & Smith
Term: 03/2000   Argument: 03/09/2000  1:30pm
ND cite: 2000 ND 87
NW cite: 609 N.W.2d 418


Issues: Appellant's Statement of the Issues:
Objections of McDonald to Board Recommendation
1. He was deprived of due process by the delay in the filing of the hearing body's report.
2. The statue referenced by the hearing body in finding of fact IV. Did not exist in 1993, as it did not require the filing of an affidavit of mailing.
3. There is no clear and convincing evidence that supports the factual conclusion of finding of fact VIII.
4. There is no clear and convincing evidence that supports the factual conclusion of finding of fact IX.
5. There is no clear and convincing evidence that supports the factual conclusion of finding of fact X.
6. There is no clear and convincing evidence that supports conclusion of law XVI.
7. The recommended sanction is not justified.
8. The proceeding was contaminated by the inclusion of the allegation of the petition that was dismissed by the hearing body and board.
9. The awarding of costs is inappropriate.

Objections of disciplinary counsel to Board recommendation
1. To the recommendation that Scott J. McDonald be suspended for the period of sixty (60) days, as Scott J. McDonald should be suspended for some period longer than six months.
2. To the recommendation that Scott J. McDonald should pay only one-half of the total amount of $6,614.36 in attorney fees and costs, as he should be assessed the entire costs of the disciplinary proceedings.

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Docket entries:
112/06/1999 REPORT OF DISCIPLINARY BOARD w/ attached Findings and Recommendations of the Hearing Body
212/06/1999 and Affidavit of Costs and Expenses (part of Record)
312/06/1999 REPORT OF HEARING BODY SERVED ON PARTIES/COUNSEL
412/09/1999 RECORD ON APPEAL
512/21/1999 STATEMENT OF OBJECTIONS AND ISSUES TO BE PRESENTED TO THE ND SUPREME COURT filed by McDonald
612/21/1999 REQUEST BY MCDONALD TO PRESENT BRIEFS & ORAL ARGUMENT TO ND SUPREME COURT
712/21/1999 ACTION BY CLERK (Req/Present Briefs & Oral Argument). Granted
812/23/1999 DISCIPLINARY COUNSEL'S OBJECTIONS TO REPORT OF THE BOARD and Cert./Serv.
901/21/2000 RESPONDENT BRIEF (Scott McDonald)
1001/21/2000 DISK - (RPB)
1101/25/2000 PETITIONER BRIEF (Disciplinary Board)
1201/25/2000 PETITIONER'S APPENDIX
1301/25/2000 DISK - (PTB)
1401/25/2000 TRANSCRIPT DATED November 24, 1998
1501/25/2000 DISK - Transcript (11-24-98)
1603/09/2000 APPEARANCES: Paul W. Jacobson; James S. Hill
1703/09/2000 ARGUED: Jacobson; Hill (Vol. X; page 1)
1804/25/2000 DISPOSITION: DISCIPLINE IMPOSED
1904/25/2000 UNANIMOUS OPINION: , Per Curiam
2004/25/2000 Scott McDonald is suspended from the practice of law for six months and one day commencing June 1
2104/25/2000 McDonald is ordered to pay the costs and expenses of the disciplinary proceedings in the amount
2204/25/2000 of $6,614.36, payable to the Secretary of the Disciplinary Board.
2304/25/2000 Before McDonald may practice law again, he must apply for reinstatement in accordance
2404/25/2000 Rule 4.5, ND Rules for Lawyer Discipline, including certification that he successfully completed
2504/25/2000 the Multistate Professional Responsibility Examination.
2604/26/2000 Judgment Mailed to Parties
2704/26/2000 Opinion sent to complainants & Notice of Order Suspending Attorney sent to Editor, Sandi Tabor,
2804/26/2000 judges, clerks, & court adminstrators/administrative assistants
2905/02/2000 Affidavit of Compliance with Rule 6.3, N.D.R. Lawyer Discipl.
3005/10/2000 Copy of letter dated 5-9-00 from Disc. Counsel to Terry L.Johnson re: respondent's suspension
3105/10/2000 with attachments
3205/10/2000 Affidavit of Publication (Bowman County Pioneer)
3307/24/2000 Affidavit of Identification
3407/24/2000 JUDGMENT TRANSCRIBED TO BOWMAN COUNTY
3503/27/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 09/17/2014