Disciplinary Board v. McDonald
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
Scott J. McDonald, Respondent
|Nature of Action:||Disciplinary Proceedings (Civil)|
|Term:||03/2000  Argument: 03/09/2000 1:30pm|
|ND cite:||2000 ND 87|
609 N.W.2d 418
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.
|Add Docket 990359 RSS|
|1||12/06/1999||REPORT OF DISCIPLINARY BOARD w/ attached Findings and Recommendations of the Hearing Body|
|2||12/06/1999||and Affidavit of Costs and Expenses (part of Record)|
|3||12/06/1999||REPORT OF HEARING BODY SERVED ON PARTIES/COUNSEL|
|4||12/09/1999||RECORD ON APPEAL|
|5||12/21/1999||STATEMENT OF OBJECTIONS AND ISSUES TO BE PRESENTED TO THE ND SUPREME COURT filed by McDonald|
|6||12/21/1999||REQUEST BY MCDONALD TO PRESENT BRIEFS & ORAL ARGUMENT TO ND SUPREME COURT|
|7||12/21/1999||ACTION BY CLERK (Req/Present Briefs & Oral Argument). Granted|
|8||12/23/1999||DISCIPLINARY COUNSEL'S OBJECTIONS TO REPORT OF THE BOARD and Cert./Serv.|
|9||01/21/2000||RESPONDENT BRIEF (Scott McDonald)|
|10||01/21/2000||DISK - (RPB)|
|11||01/25/2000||PETITIONER BRIEF (Disciplinary Board)|
|13||01/25/2000||DISK - (PTB)|
|14||01/25/2000||TRANSCRIPT DATED November 24, 1998|
|15||01/25/2000||DISK - Transcript (11-24-98)|
|16||03/09/2000||APPEARANCES: Paul W. Jacobson; James S. Hill|
|17||03/09/2000||ARGUED: Jacobson; Hill (Vol. X; page 1)|
|18||04/25/2000||DISPOSITION: DISCIPLINE IMPOSED|
|19||04/25/2000||UNANIMOUS OPINION: , Per Curiam|
|20||04/25/2000||Scott McDonald is suspended from the practice of law for six months and one day commencing June 1|
|21||04/25/2000||McDonald is ordered to pay the costs and expenses of the disciplinary proceedings in the amount|
|22||04/25/2000||of $6,614.36, payable to the Secretary of the Disciplinary Board.|
|23||04/25/2000||Before McDonald may practice law again, he must apply for reinstatement in accordance|
|24||04/25/2000||Rule 4.5, ND Rules for Lawyer Discipline, including certification that he successfully completed|
|25||04/25/2000||the Multistate Professional Responsibility Examination.|
|26||04/26/2000||Judgment Mailed to Parties|
|27||04/26/2000||Opinion sent to complainants & Notice of Order Suspending Attorney sent to Editor, Sandi Tabor,|
|28||04/26/2000||judges, clerks, & court adminstrators/administrative assistants|
|29||05/02/2000||Affidavit of Compliance with Rule 6.3, N.D.R. Lawyer Discipl.|
|30||05/10/2000||Copy of letter dated 5-9-00 from Disc. Counsel to Terry L.Johnson re: respondent's suspension|
|32||05/10/2000||Affidavit of Publication (Bowman County Pioneer)|
|33||07/24/2000||Affidavit of Identification|
|34||07/24/2000||JUDGMENT TRANSCRIBED TO BOWMAN COUNTY|
|35||03/27/2007||EXPUNGED - Nonpermanent record items destroyed|