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Disciplinary Board v. Johnson

Docket No. 20070107
Oral Argument: Tuesday, September 11, 2007 1:30pm

Docket Info

Title
In the Matter of the Application for
Disciplinary Action Against Samuel S.
Johnson, 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.
Samuel S. Johnson, Respondent
Case Type
DISCIPLINARY PROCEEDING-Lawyer : DISCIPLINARY PROCEEDINGS (Civil)
Appeal From
Case No.
2007 ND 203743 N.W.2d 117
Oral Argument 9/11/2007

Highlight

A lawyer may be disciplined for writing a letter to a third party containing false statements that have no substantial purpose other than to delay or to embarrass or burden the third party.
A lawyer may be disciplined for making false statements to the court.
Defiance of a disciplinary admonition may increase the sanction imposed on a lawyer.
Lawyer suspended from the practice of law for 60 days and ordered to pay the costs and expenses of the disciplinary proceeding.

Briefs

Filing Date Description
06/08/2007 PETITIONER BRIEF
06/08/2007 RESPONDENT BRIEF (e-filed)(PDF)(20070107)
06/08/2007 RESPONDENT BRIEF (e-filed)(PDF)(20070108)

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 04/18/2007 REPORT OF DISCIPLINARY BOARD (Part of Record)
2 04/19/2007 REPORT OF HEARING BODY SERVED ON PARTIES/COUNSEL
3 04/19/2007 This case is consol.w/20070107. Make all docket entries, except DIS, in this case.
4 04/19/2007 ANNOUNCED DISQUALIFICATION : Maring, Mary Muehlen
5 05/01/2007 Certificate of Record
6 05/09/2007 Objections to Report (Disciplinary Counsel)
7 05/09/2007 Objections to Report (Respondent)
8 06/08/2007 PETITIONER BRIEF
9 06/08/2007 Petitioner's APPENDIX
10 06/11/2007 MOTION & BRIEF to Submit Separate Briefs & Appendices (e-filed)
11 06/11/2007 E-FILED MOTION (Mot/Sub/Sep/Briefs/Appendices)
12 06/11/2007 ACTION BY CHIEF JUSTICE (Mot/Sub/Sep/Briefs/Appendices) - Granted
13 06/08/2007 RESPONDENT BRIEF (e-filed)(PDF)(20070107)
14 06/08/2007 E-FILED BRIEF (RPB)(pdf)(20070107)
15 06/08/2007 Respondent's APPENDIX (e-filed)(20070107)
16 06/08/2007 E-FILED APPENDIX (Respondent's Appendix)(20070107)
17 06/08/2007 RESPONDENT BRIEF (e-filed)(PDF)(20070108)
18 06/08/2007 E-FILED BRIEF (RPB)(PDF)(20070108)
19 06/08/2007 RESPONDENT'S APPENDIX (E-filed)(20070108)
20 06/08/2007 E-FILED APPENDIX (Respondent's Appendix) (20070108)
21 06/12/2007 Received $149.50 for RPB & Appendix (Receipt #17574)(20070107)
22 06/12/2007 RECEIVED $127.00 for surcharge (Receipt #17575) (20070108)
23 06/13/2007 Corrected table of authorities and page 34 for Petitioner's Brief
24 06/13/2007 Copy of Transcript of Hearing on 2-6-07 & 2-7-07
25 06/18/2007 Received 7 copies of RPB from Central Duplicating (20070107)
26 06/18/2007 Received 6 copies of Respondent's Appendix from Central Duplicating (20070107)
27 06/18/2007 Received 7 copies of RPB from Central Duplicating (20070108)
28 06/18/2007 Received 6 copies of Respondent's Appendix from Central Duplicating (20070108)
29 06/19/2007 DISK - tra (2/6&2/7/07)
30 07/26/2007 SITTING WITH THE COURT : McClintock, Jr., John C.
31 09/11/2007 APPEARANCES: Paul W. Jacobson; Ronald H. McLean
32 09/11/2007 ARGUED: Jacobson; McLean
33 09/11/2007 ORAL ARGUMENT WEBCAST
34 12/19/2007 DISPOSITION
35 12/19/2007 UNANIMOUS OPINION : Per Curiam View
36 12/19/2007 Samuel S. Johnson is suspended from the practice of law for 60 days beginning January 21, 2008, for
37 12/19/2007 violation of N.D.R. Prof. Conduct 3.3, 4.1, 4.4, 8.1, and 8.4, and N.D.R. Lawyer Discipl. 1.2(A)
38 12/19/2007 Johnson is ordered to pay the costs and expenses of the disciplinary proceeding in the amount of
39 12/19/2007 $8,670.36, payable to the Secretary of the Disciplinary Board
40 12/19/2007 Judgment e-mailed to Parties
41 12/20/2007 Notice of Order Suspending Attorney
42 12/20/2007 Notice of Order Suspending Attorney sent to State Bar Assn, Publishers, Wahpeton Daily News, Judges
43 12/20/2007 Clerks, etc.
44 12/21/2007 Motion to amend the effective date of the suspension (document entitled Petition for Rehearing)
45 12/21/2007 ACTION BY SUPREME COURT (effective date extended to January 21, 2008)(Amended Judgment entered) - Granted
46 12/21/2007 Amended Judgment emailed to Parties
47 12/31/2007 Affidavit of Samuel S. Johnson in compliance with with Rule 6.3(F)
48 12/31/2007 Amended Notice of Order Suspending Attorney
49 12/31/2007 Amended Notice of Order Suspending Attorney mailed to SBAND, Michie Co., US Court of Appeals,&
50 12/31/2007 Martindale-Hubbell and e-mailed to clerks, judges, trial court administrators, etc.
51 01/02/2008 Payment of $8,670.36 for costs of the disciplinary proceeding; Receipt no. 17968
52 01/02/2008 MOTION FOR substitute page 17 (sua sponte) - Granted
53 01/02/2008 ACTION BY SUPREME COURT (substitute page) - Granted
54 01/02/2008 Substitute Opinion Page 17 changing date of suspension to January 21, 2008
55 01/02/2008 Corrected Opinion Pages 3, 8, 9, 15 (technical changes to Fair Debt Collection Practices Act)
56 01/02/2008 Corrections emailed to parties; DB; Inquiry Committee Chair; West Publishing(and hard copy)
57 01/07/2008 Affidavit of Publication - Wahpeton Daily News
58 01/22/2008 Acknowledgment of Satisfaction of Cost Judgment
59 02/12/2008 Notice and copy of Order of Minnesota Supreme Court - reciprocal discipline - 60-day suspension
60 02/12/2008 effective 2-1-08, based on North Dakota Supreme Court suspension
61 03/24/2008 Affidavit of Samuel S. Johnson in compliance with N.D.R. Lawyer Discipl. 4.5B
62 03/24/2008 E-FILED AFFIDAVIT (by fax)
63 03/24/2008 ORDER OF REINSTATEMENT
64 03/24/2008 Order of Reinstatement e-mailed to parties, editor of newspaper, SBAND, clerks, judges, & others
65 02/02/2015 EXPUNGED - Nonpermanent record items destroyed