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Disciplinary Board v. Overboe

Docket No. 20080219
Oral Argument: Friday, December 19, 2008 1:30pm

Docket Info

Title
In the Matter of the Application
for Disciplinary Action Against
David A. Overboe, 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.
David A. Overboe, Respondent
Case Type
DISCIPLINARY PROCEEDING-Lawyer : DISCIPLINARY PROCEEDINGS (Civil)
Appeal From
Case No.
2009 ND 40763 N.W.2d 776
Oral Argument 12/19/2008

Highlight

A final determination of lawyer misconduct by another jurisdiction conclusively establishes misconduct for a disciplinary proceeding in North Dakota and requires the imposition of identical discipline unless the lawyer demonstrates and it clearly appears: (1) the procedure in the other jurisdiction was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process; (2) there was such an infirmity of proof establishing the misconduct in the other jurisdiction that the decision from the other jurisdiction cannot be accepted; (3) the imposition of the same discipline would result in a grave injustice; or (4) the misconduct warrants substantially different discipline in this state.


Briefs

Filing Date Description
10/24/2008 PETITIONER BRIEF
11/03/2008 RESPONDENT BRIEF (e-filed)

Counsel

Party Type Name
PETITIONER DISCIPLINARY STAFF Paul W Jacobson - 03631
RESPONDENT PRO SE David A Overboe - 03054

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

Seq. # Filing Date Description Attachment
1 09/04/2008 REPORT OF HEARING PANEL (Part of Record)
2 09/05/2008 REPORT OF HEARING BODY SERVED ON PARTIES/COUNSEL
3 09/09/2008 TRANSCRIPT DATED June 25, 2008 - includes exhibits A - F (A-C are cover pages only)
4 09/09/2008 DISK of tra dated 6-25-08 (CD)
5 09/09/2008 Certificate of Record on Appeal - includes Exhibits A-C)
6 09/10/2008 Condensed copy of Transcript dated 6-25-08
7 09/24/2008 Respondent's Objections to Report of Hearing Panel
8 09/25/2008 Affidavit of Service by Mail of Respondent's Objections to Report
9 10/24/2008 PETITIONER BRIEF
10 10/24/2008 Petitioner's Appendix
11 10/24/2008 DISK - PTB
12 11/03/2008 The Respondent Brief was sent to the wrong e-mail address on 10/24/08. It was resent and filed
13 11/03/2008 under Admin. Rule 5 on 11/3/08.
14 11/03/2008 ACTION BY CLERK - Respondent Brief (reset due date as RPB was sent to wrong e-mail address) - Granted
15 11/03/2008 RESPONDENT BRIEF (e-filed)
16 11/03/2008 E-FILED BRIEF (RPB)
17 11/03/2008 Respondent's APPENDIX (e-filed)
18 11/03/2008 E-FILED APPENDIX (Respondent's Appendix)
19 11/04/2008 Received $25 surcharge for Respondent's Brief (Receipt #18606)
20 11/06/2008 Received 7 copies of RPB from Central Duplicating
21 11/06/2008 Receive 6 copies of Respondent's Appendix from Central Duplicating
22 12/19/2008 APPEARANCES: Paul W. Jacobson; David A. Overboe
23 12/19/2008 ARGUED: Jacobson; Overboe
24 12/19/2008 ORAL ARGUMENT WEBCAST
25 04/02/2009 DISPOSITION
26 04/02/2009 UNANIMOUS OPINION : Per Curiam View
27 04/02/2009 Overboe is suspensed from the practice of law for one year, commencing April 2, 2009
28 04/02/2009 Mr. Overboe is ordered to pay $1,934 in costs,payable to the Secretary of the Disciplinary Board
29 04/07/2009 Judgment E-Mailed to Parties
30 04/07/2009 Letter from Mr. Overboe regarding 6.3 notice
31 05/29/2009 AFFIDAVIT OF IDENTIFICATION
32 05/29/2009 JUDGMENT TRANSCRIBED TO Cass County
33 06/03/2009 notice of filing transcript and docketing judgment
34 02/17/2015 EXPUNGED - Nonpermanent record items destroyed
35 09/10/2018 Receipt for - Secretary of DB received $3,214.73 for payment costs plus interest
36 09/14/2018 Acknowledgement of Satisfaction of Judgment