Disciplinary Action Against Munns, In re, C8-87-691
| Decision Date | 18 July 1990 |
| Docket Number | No. C8-87-691,C8-87-691 |
| Citation | 458 N.W.2d 100 |
| Parties | In re the Petition for DISCIPLINARY ACTION AGAINST Robert MUNNS, an Attorney at Law of the State of Minnesota. |
| Court | Minnesota Supreme Court |
On August 12, 1988, 427 N.W.2d 670, this court suspended respondent Robert Munns for failure to timely file state and federal tax returns. In its order, this court ordered a 2 year suspension, but stayed execution of all but 30 days of the suspension, subject to certain enumerated conditions. In February of this year, the Director filed a petition for revocation of the stay of respondent's suspension and for further disciplinary action. The Director alleges that respondent has not complied with the conditions of the stay of respondent's suspension and that the respondent failed to timely file his 1988 state and federal tax returns.
In the petition, the Director specifically alleges the following: that the respondent failed to file his 1988 state tax return; that respondent failed to report to the Director that he had filed his 1988 federal tax return; that the respondent failed to furnish the Director with a copy of a written repayment agreement with the Minnesota Department of Revenue; that the respondent has failed to make a payment on his outstanding state tax liability since May 1988; and that the respondent failed to report to the Director that he is current and in compliance with his repayment agreement with the Internal Revenue Service. In addition, the Director alleges that the respondent has failed to cooperate with the Director's attempts to investigate this matter.
Upon receipt of the respondent's answer to the petition, this court assigned this matter to a referee. On June 1, 1990, during a hearing before the referee, respondent entered into a stipulation for discipline with the Director and the referee subsequently adopted the terms of the stipulation. In the stipulation, the respondent unconditionally admitted that he had engaged in conduct which violated three conditions of the stay of his suspension and which violated Rules 3.4(c), 8.1(a)(3) and 8.4(d) of the Minnesota Rules of Professional Conduct. In mitigation, the respondent states, and the Director acknowledges, that the respondent's family suffered traumatic experiences in the fall of 1989 when members of the respondent's family became the victims of certain cruel criminal actions and, in addition, that the respondent suffered from significant health problems. The referee found that these incidents constituted extreme extenuating circumstances and contributed to the respondent's noncooperation and failure to timely file his 1988 tax returns.
The respondent joined with the Director in recommending that appropriate discipline pursuant to Rule 15, Rules on Lawyers Professional Responsibility, is indefinite probation. The respondent further agreed to the imposition and payment of $750 in costs pursuant to Rule 24, Rules on Lawyers Professional Responsibility. The referee concurred with the recommendation of the parties and adopted the additional conditions of the stipulation when making his recommendation to this court.
The Court, having considered all of the facts and circumstances surrounding this matter, the petition of the Director, and the stipulation of the parties, NOW ORDERS:
1. That the respondent, Robert Munns, hereby is placed on indefinite probation, with a minimum of 4 years of supervised probation, pursuant to Rule 15 of the Rules on Lawyers Professional Responsibility.
2. That the respondent shall cooperate fully with the Director's Office in its efforts to monitor the respondent's compliance with this probation. The respondent shall respond promptly to any correspondence from the Director's Office by its stated due date or within 10 days of the date of the correspondence. The respondent shall cooperate with the investigation by the Director's Office of any allegations of unprofessional conduct against the respondent which may come to the Director's attention. Upon the Director's request, the respondent shall provide authorization for release of information and other requested information and documentation to verify the respondent's compliance with the terms of this probation.
3. That the respondent shall abide by the Minnesota Rules of Professional Conduct. The respondent's admission or a referee's finding of further unprofessional conduct, or the respondent's noncooperation...
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