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Disciplinary Board v. Kaiser

Docket No. 19900393
Oral Argument: Monday, January 13, 1992 10:00AM

Docket Info

Title
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
Case Type
DISCIPLINARY PROCEEDING-Lawyer : DISCIPLINARY PROCEEDINGS (Civil)
Appeal From
Case No.
484 N.W.2d 102

Highlight

Briefs

Filing Date Description
01/11/1991 Letter dated 1-10-91 from Ronald McLean
01/11/1991 STIPULATION AND PETITION FOR DISCIPLINE (Entry No. 4 of D.B. Record)
12/16/1991 RESPONDENT BRIEF (Note: Gray Cover)
12/17/1991 PETITIONER BRIEF(ENTITLED "Brief as to Application of

Counsel

Party Type Name
AMICUS CURIAE PRIVATE PRACTICE Dean Winkjer - 02058
PETITIONER DISCIPLINARY STAFF Vivian Elaine Berg - 03548

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
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
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 View
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