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 |
(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 |