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Disciplinary Board v. Feland

Docket No. 20110321
Oral Argument: Tuesday, February 14, 2012 2:45pm

Docket Info

Title
In the Matter of the Application for Disciplinary
Action Against Cynthia M. Feland, 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.
Cynthia M. Feland, Respondent
Case Type
DISCIPLINARY PROCEEDING-Lawyer : DISCIPLINARY PROCEEDINGS (Civil)
Appeal From
Case No. 5007-W-1002
2012 ND 174820 N.W.2d 672
Oral Argument 2/14/2012

Highlight

A prosecutor's ethical duty to disclose all exculpatory evidence to the defense under N.D.R. Prof. Conduct 3.8(d) is broader than the duties imposed by N.D.R.Crim.P. 16 and Brady v. Maryland, and does not vary depending upon the strength of the other evidence in the case.
A prosecutor violates N.D.R. Prof. Conduct 3.8(d) if she intentionally, knowingly, or negligently fails to disclose exculpatory evidence to the defense.
An attorney may be disciplined for an isolated instance of negligent conduct.
Although an admonition is intended to be a non-public form of discipline that would ordinarily be issued by an Inquiry Committee, the Supreme Court may nevertheless order an admonition when that is the appropriate sanction for the lawyer's conduct under the North Dakota Standards for Imposing Lawyer Sanctions.
Although the full costs and expenses of a disciplinary proceeding will ordinarily be assessed against the disciplined lawyer, the Supreme Court has discretion to order payment of a lesser amount.


Briefs

Filing Date Description
01/17/2012 PETITIONER BRIEF
01/17/2012 RESPONDENT BRIEF
02/08/2012 Disciplinary Counsel's Response to Amicus Briefs

Counsel

Party Type Name
AMICUS CURIAE PRIVATE PRACTICE Aaron Grayson Birst - 05820
AMICUS CURIAE U.S. ATTORNEY'S OFFICE Lynn C Jordheim - 03485
PETITIONER DISCIPLINARY STAFF Paul W Jacobson - 03631
RESPONDENT PRIVATE PRACTICE Ronald F Fischer - 03707

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

Seq. # Filing Date Description Attachment
1 11/07/2011 FINDINGS OF FACT, CONCLUSIONS OF LAW, & RECOMMENDATION FOR SUSPENSION (by Hearing Panel)
2 11/07/2011 FINDINGS, CONCLUSIONS, & RECOMMENDATION SERVED ON PARTIES/COUNSEL
3 11/08/2011 ANNOUNCED DISQUALIFICATION : Kapsner, Carol Ronning
4 11/10/2011 TRANSCRIPTS DATED June 29, 2011 (Vol.1) and June 30, 2011 (Vol.2)
5 11/10/2011 DISK of tras dated 6-29-11 and 6-30-11 (e-mailed)
6 11/15/2011 Certificate
7 11/18/2011 Respondent Cynthia M. Feland's Objections to Findings of Fact, Conclusions of Law & Recommendation
8 11/18/2011 for Suspension (e-mailed cc)
9 11/21/2011 Original Respondent Cynthia M. Feland's Objections to Findings of Fact, Conclusions of Law, and
10 11/21/2011 Recommendation for Suspension
11 11/28/2011 Disciplinary Counsel's Objection to Findings of Fact, Conclusions of Law, and Recommendation
12 12/14/2011 MOT. EXT/TIME PETITIONER BRIEF
13 12/14/2011 ACTION BY CLERK (MPT) - Granted : 01/16/2012
14 12/14/2011 MOT. EXT/TIME RESPONDENT BRIEF
15 12/14/2011 ACTION BY CLERK (MRP) - Granted : 01/16/2012
16 01/11/2012 MOTION FOR Expansion of Word Limits for Respondent's Brief
17 01/11/2012 E-FILED MOTION
18 01/11/2012 ACTION BY CHIEF JUSTICE (Granted in part -- 15,500) - Granted
19 01/17/2012 PETITIONER BRIEF
20 01/17/2012 Petitioners APPENDIX
21 01/17/2012 DISK (PTB) (CD-ROM)
22 01/17/2012 RESPONDENT BRIEF
23 01/17/2012 E-FILED BRIEF (RPB)
24 01/17/2012 Respondent's APPENDIX
25 01/17/2012 E-FILED APPENDIX (Respondent's Appendix)
26 01/19/2012 Received surcharge of $111.50 for Respondent's Brief & Appendix (Receipt #20835)
27 01/17/2012 MOTION FOR LEAVE TO FILE AMICUS BRIEF by North Dakota State's Attorneys' Association - Granted
28 01/17/2012 E-FILED MOTION (Mot/File/ACB of NDSAA)
29 01/17/2012 ACTION BY CHIEF JUSTICE (Mot/Leave/File/ACB - NDSAA) - Granted
30 01/17/2012 AMICUS CURIAE BRIEF of North Dakota State's Attorneys Association (NDSAA)
31 01/17/2012 E-FILED BRIEF (ACB of NDSAA)
32 01/17/2012 MOTION OF US FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE
33 01/17/2012 E-FILED MOTION (Mot/Leave/ACB/United States)
34 01/17/2012 ACTION BY CHIEF JUSTICE (Mot/Leave/ACB/United States) - Granted
35 01/17/2012 MOTION FOR EXT/TIME/FILE/ACB/United States) (Part of Mot/Leave/File)
36 01/17/2012 ACTION BY CHIEF JUSTICE (Mot/Ext/Time/File/ACB/United States) - Granted : 01/30/2012
37 01/18/2012 NOTICE OF ORAL ARGUMENT SENT
38 01/18/2012 E-mail response to Motions for Leave to File ACB of NDSAA & US from Ronald Fischer (no objections)
39 01/19/2012 Request for an additional 48 words for RPB (e-mail letter)
40 01/19/2012 E-FILED MOTION (Req/Add/Words/RPB)
41 01/19/2012 ACTION BY CHIEF JUSTICE (Add'l 48 words for RPB) - Granted
42 01/20/2012 Received $25 surcharge for ACB (NDSAA) Receipt #20844
43 01/23/2012 Received 7 copies of RPB from CSD
44 01/23/2012 Received 7 copies of Respondent's Appendix from CSD
45 01/23/2012 Received 7 copies of Amicus Brief (NDSAA) from CSD
46 01/30/2012 Request for Radio/TV Coverage
47 01/30/2012 E-FILED MOTION
48 01/30/2012 ACTION BY CLERK - Granted
49 01/30/2012 SITTING WITH THE COURT : Schmalenberger, Allan L.
50 01/31/2012 AMICUS CURIAE BRIEF of United States
51 01/31/2012 E-FILED BRIEF (ACB of USA)
52 02/01/2012 Received corrected ACB of USA (correcting cover page) and Certificate of Service dated 2-1-12
53 02/02/2012 Received 7 copies of ACB of USA from CSD
54 02/03/2012 Received $25 surcharge for ACB of USA (Receipt #20857)
55 02/06/2012 Request for Radio/TV Coverage (AP)
56 02/06/2012 E-FILED MOTION
57 02/06/2012 ACTION BY CLERK - Granted
58 02/08/2012 Disciplinary Counsel's Response to Amicus Briefs
59 02/08/2012 DISK of Disciplinary Counsel Response to Amicus Briefs (CD)
60 02/14/2012 APPEARANCES: Paul W. Jacobson; Ronald F. Fischer
61 02/14/2012 ARGUED: Paul W. Jacobson; Ronald F. Fischer
62 02/14/2012 ORAL ARGUMENT WEBCAST
63 08/20/2012 DISPOSITION
64 08/20/2012 Admonition ordered & further ordered payment of partial costs and expenses of $5,636.10
65 08/20/2012 UNANIMOUS OPINION : Sandstrom, Dale V. View
66 08/21/2012 Judgment Sent to Parties
67 08/21/2012 Summary
68 08/21/2012 Notice of Order sent to SBAND, newspaper, distrcit & federal judges, clerks, & others
69 09/04/2012 Affidavit of Publication from Bismarck Tribune
70 09/26/2012 Received $5,636.10 for payment of partial costs and expenses (Receipt #21514)
71 09/27/2012 Acknowledgment of Satisfaction of Judgment
72 11/02/2017 EXPUNGED - Nonpermanent record items destroyed