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Disciplinary Board v. Howe

Docket No. 20000341
Oral Argument: Tuesday, March 13, 2001 9:30am

Docket Info

Title
IN THE MATTER OF THE APPLICATION FOR
DISCIPLINARY ACTION AGAINST HENRY H.
HOWE, 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.
Henry H. Howe, Respondent
Case Type
DISCIPLINARY PROCEEDING-Lawyer : DISCIPLINARY PROCEEDINGS (Civil)
Appeal From
Case No.
2001 ND 86626 N.W.2d 650
Oral Argument 3/13/2001

Highlight

An attorney is appropriately suspended from the practice of law for 120 days when the hearing panel has found clear and convincing evidence of professional conduct violations involving lack of diligence, communication, and expediting litigation, as well as a disciplinary history of five prior disciplinary sanctions.
Prior discipline is not remote, but is relevant as an aggravating factor when the prior incidents establish a pattern of misconduct.
Disciplinary counsel may reasonably bill attorney fees at $75 per hour, which may be assessed against the attorney whose misconduct warranted the imposition of discipline.


Briefs

Filing Date Description
02/01/2001 PETITIONER BRIEF
02/20/2001 RESPONDENT BRIEF

Counsel

Party Type Name
PETITIONER DISCIPLINARY STAFF Paul W Jacobson - 03631

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

Seq. # Filing Date Description Attachment
1 12/13/2000 REPORT OF HEARING BODY SERVED ON PARTIES/COUNSEL (see entry 31 of ROA)
2 01/02/2001 Faxed Respondent's Objections to the Report of the Hearing Panel (orig. to be mailed)
3 01/04/2002 Original Respondent's Objections to the Report of the Hearing Panel
4 01/09/2001 TRANSCRIPT DATED August 16, 2000
5 01/15/2001 DISK - TRA dated 8-16-2000
6 01/15/2001 RECORD OF DISCIPLINARY BOARD
7 01/31/2001 MOT. EXT/TIME RESPONDENT BRIEF (via fax)
8 01/31/2001 ACTION BY CLERK (MRP) - Granted : 02/20/2001
9 02/01/2001 PETITIONER BRIEF
10 02/01/2001 Petitioner's APPENDIX
11 02/01/2001 DISK - PTB
12 02/02/2001 Original of faxed Mot. for Ext. of Time to file Respondent Brief.
13 02/05/2001 Corrected Copy of Cover Letter (for MPR)
14 02/20/2001 NOTICE OF APPEARANCE (Chad C. Nodland)
15 02/20/2001 RESPONDENT BRIEF
16 02/21/2001 DISK - RPB
17 03/08/2001 ANNOUNCED DISQUALIFICATION : Sandstrom, Dale V.
18 03/09/2001 SITTING WITH THE COURT : Hunke, Maurice R.
19 03/13/2001 APPEARANCES: Paul W. Jaacobson; Chad C. Nodland, Henry H. Howe
20 03/13/2001 ARGUED: Jacobson; Nodland (Vol. X; page 116)
21 03/13/2001 ORAL ARGUMENT WEBCAST
22 05/03/2001 DISPOSITION
23 05/03/2001 UNANIMOUS OPINION : Per Curiam View
24 05/03/2001 Mr. Howe is suspended from the practice of law for 120 days commencing June 1, 2001, for violation
25 05/03/2001 of N.D. Rule Prof. Conduct 1.3, 1.4 and 3.2.
26 05/03/2001 Mr. Howe is further ordered to pay the costs and expenses of the disciplinary proceedings in the
27 05/03/2001 amount of $4953.39.
28 05/04/2001 Order/Judgment Mailed to Parties
29 06/20/2001 Affidavit of Identification
30 06/20/2001 JUDGMENT TRANSCRIBED TO GRAND FORKS COUNTY
31 07/02/2001 Notice of filing transcript and docketing judgment
32 09/19/2001 Copy of letter dtd 8-23-01 requesting explanation of noncompliance
33 09/27/2001 Affidavit of Henry H. Howe, Dated 9-24-01, under 6.3, N.D.R.Lawyer Discipline.
34 10/02/2001 Affidavit of Henry Howe in compliance with N.D.R.L.D. 4.5(B)
35 10/02/2001 Payment of costs in the amount of $4953.39; receipt no. 13621
36 10/02/2001 Reinstatement is automatic under Rule 4.5(B), N.D.R. Lawyer Discipl.
37 06/15/2007 EXPUNGED - Nonpermanent record items destroyed
38 01/04/2012 Acknowledgement of Satisfaction of Judgment