Order of Adoption Thursday, October 13, 2016

IN THE SUPREME COURT 
STATE OF NORTH DAKOTA

ORDER OF ADOPTION

Supreme Court No. 20160082 

Proposed Amendments to North Dakota Rules for Lawyer Discipline

Supreme Court No. 20160205 

Proposed Amendment of North Dakota Rule of Lawyer Discipline 3.2 Regarding Service

[¶ 1] In June 2014, following a review of the North Dakota lawyer discipline by a consultation team of the American Bar Association Standing Committee on Professional Discipline, a report of the team was provided to the Supreme Court. In July 2014, the report was referred it to the Joint Committee on Attorney Standards for review and recommendation.

[¶ 2] In Supreme Court No. 20160082, on March 1, 2016, the Joint Attorney Standards Committee filed its recommendation to amend North Dakota Rules for Lawyer Discipline 2.2, 2.3, 2.4, 2.5, 3.1, 3.5, 4.1, 4.2, 4.3, 6.1, 6.3, 6.4, 6.6 and 6.7. On March 9, 2016, the Court issued a notice of hearing and comment regarding the proposed amendments. A hearing was held on May 9, 2016.

[¶ 3] After consideration of the comments and hearing, the Supreme Court proposed second draft amendments to North Dakota Rules for Lawyer Discipline 1.0, 1.2, 1.3, 2.1, 2.2, 2.3, 2.4, 2.5, 3.1, 3.5, 4.1, 4.2, 4.3, 4.5, 6.1, 6.3, 6.4, 6.6 and 6.7. On August 3, 2016, the Court issued a notice of comment for the second draft amendments. The Supreme Court noted it was proposing further amendments to North Dakota Rules for Lawyer Discipline 2.4, to create one statewide inquiry committee and amendments to North Dakota Rules for Lawyer Discipline 6.3 to clarify what work a lawyer can do while suspended from the practice of law, and noted the remaining further amendments were clerical or to conform the rules to the new proposed amendments.

[¶ 4] In Supreme Court No. 20160205, on May 25, 2016, the Joint Attorney Standards Committee filed a petition to amend North Dakota Rule of Lawyer Discipline 3.2 regarding service. On June 2, 2016, the Court issued a notice of comment regarding the proposed amendments.

[¶ 5] The proposed amendments are available at http://www.ndcourts.gov/Court/Notices/Notices.htm. In considering the matter and the comments submitted after the second notice of comment in Supreme Court No. 20160082, the Court,

[¶ 6] ORDERED, that, as further amended by the Court, the amendments to North Dakota Rules for Lawyer Discipline 1.0, 1.2, 1.3, 2.1, 2.2, 2.3, 2.4, 2.5, 3.1, 3.5, 4.1, 4.2, 4.3, 4.5, 6.1, 6.3, 6.4, 6.6and 6.7 are ADOPTED, effective March 1, 2017.

[¶ 7] IT IS FURTHER ORDERED, that, as further amended by the Court, the amendments to North Dakota Rule of Lawyer Discipline 3.2 are ADOPTED, effective March 1, 2017.

[¶ 8] The Supreme Court of the State of North Dakota, with the Honorable Gerald W. VandeWalle, Chief Justice, and the Honorable Dale V. Sandstrom, the Honorable Carol Ronning Kapsner, the Honorable Daniel J. Crothers, and the Honorable Lisa Fair McEvers, Justices, directed the Clerk of the Supreme Court to enter the above order.

Dated: October 13, 2016

Penny Miller 
Clerk 
North Dakota Supreme Court