Application of Christianson, Nos. 8520

CourtUnited States State Supreme Court of North Dakota
Writing for the CourtNORBERT J. MUGGLI; ERICKSTAD
Citation202 N.W.2d 756
PartiesApplication of Elmo T. CHRISTIANSON For Reinstatement To the Bar to the State of North Dakota. In the Matter of the Application For Disciplinary Action Against Elmo T. CHRISTIANSON.
Decision Date05 May 1972
Docket NumberNos. 8520,8761

Page 756

202 N.W.2d 756
Application of Elmo T. CHRISTIANSON For Reinstatement To the
Bar to the State
of North Dakota. In the Matter of the Application For
Disciplinary Action Against Elmo T. CHRISTIANSON.
Nos. 8520, 8761.
Supreme Court of North Dakota.
May 5, 1972.

Syllabus by the Court

1. A court which has the power to suspend or disbar an attorney also has the power to reinstate, upon proper and satisfactory proof that, as a result of his discipline, he has become a fit and proper person to be intrusted with the office of an attorney.

2. Upon an application for reinstatement, the mere formal proof of good moral character required upon an original application for admission is not enough; but the proof must be of a satisfactory character, and of sufficient weight to overcome the former adverse judgment as to the applicant's character.

3. For the reasons stated in the opinion, the application for reinstatement is denied.

Bruce Bair, Mandan, for Grievance Commission of the Supreme Court.

Elmo T. Christianson, pro se.

NORBERT J. MUGGLI, District Judge.

In a disciplinary proceeding on February 13, 1970, as reported in 175 N.W.2d, page 8, this Court suspended the certificate of admission to the bar of the State of North Dakota of the respondent Elmo T. Christianson. This decision further provided that the respondent Christianson could apply

Page 757

for reinstatement of his certificate of admission to the bar one year later upon a showing that restitution of $300 was made to one Vincent J. Boehm and upon a showing that he is otherwise qualified to be reinstated as a member of the bar of the State of North Dakota.

The respondent, Elmo T. Christianson, did on March 2, 1971, file with this Court his petition for reinstatement to the bar of this State. This petition was referred to the grievance commission of this Court who, after investigation, filed its findings, conclusions and recommendations on May 17, 1971. The grievance commission concluded that the respondent had failed to sustain the burden of establishing the averments of his application for reinstatement by clear and convincing evidence and also concluded that it affirmatively appeared that the respondent was not qualified to be reinstated. The grievance commission recommended that the suspension of the respondent's certificate of admission be continued indefinitely. This Court then set October 5, 1971, for a hearing on the respondent's application for reinstatement.

Before this scheduled hearing for reinstatement, a formal complaint containing findings and recommendations of the grievance commission on matters not previously presented to this Court was received. After receiving such complaint this Court directed the filing of such formal complaint and directed service of the summons and complaint upon the respondent. This Court then continue the hearing on reinstatement to its December 1971 term.

The respondent, on October 29, 1971, then filed an answer to the complaint raising certain issues, whereupon the Court on November 16, 1971, then ordered that the petition for reinstatement (No. 8520) and the issues raised by the answer to the formal complaint (No. 8761) be referred to the Honorable Roy A. Ilvedson as a referee for the purpose of taking testimony, and directed that such referee prepare findings of fact and recommendation based upon the evidence adduced at such hearing.

On February 3, 1972, testimony was taken before the Honorable Roy A. Ilvedson acting as referee, and on March 16, 1972, the referee filed with this Court his findings of fact and conclusions, along with his recommendation that the respondent be reinstated as a member of the bar.

This Court then gave notice that a hearing would be had before this Court on April 4, 1972, on both the petition for reinstatement and the new complaint, and at which time this Court would hear arguments for and against the adoption of the referee's report, findings, conclusions and recommendations.

These two matters were then heard before this Court on April 4, 1972. The respondent, Elmo T. Christianson, with permission of the Court appeared for himself, and the grievance commission of the Supreme Court appeared by Bruce B. Bair, attorney at law, Mandan, North Dakota.

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7 practice notes
  • In re Hoffman, No. 20050162.
    • United States
    • United States State Supreme Court of North Dakota
    • October 18, 2005
    ...his discipline, he has become a fit and proper person to be intrusted with the office of an attorney." Application of Christianson, 202 N.W.2d 756 Syll. ¶ 1 (N.D.1972). Reinstatement is not a matter of right. Application of Christianson, 253 N.W.2d 410, 413 (N.D.1977). Rather, the peti......
  • Stensland v. Disciplinary Bd. of the Supreme Court of State (In re Application for Reinstatement of Stensland), No. 20130008.
    • United States
    • United States State Supreme Court of North Dakota
    • December 19, 2013
    ...of his discipline, he has become a fit and proper person to be intrusted with the office of an attorney.” Application of Christianson, 202 N.W.2d 756, Syll. ¶ 1 (N.D.1972). Reinstatement is not a matter of right. Application of Christianson, 253 N.W.2d 410, 413 (N.D.1977). Rather, the petit......
  • Application of Christianson, Nos. 8520
    • United States
    • United States State Supreme Court of North Dakota
    • January 31, 1974
    ...reapply for reinstatement after January 1, 1973, and may be reinstated upon a proper showing at that time.' Application of Christianson, 202 N.W.2d 756 By application dated January 8, 1973, the petitioner again applied for reinstatement. The matter was again referred to the grievance commit......
  • In re Reinstatement of Ellis, No. 20060081.
    • United States
    • United States State Supreme Court of North Dakota
    • September 13, 2006
    ...and proper person to be entrusted with the office of an attorney. In re Hoffman, 2005 ND 171, ¶ 5, 704 N.W.2d 810; In re Christianson, 202 N.W.2d 756, Syllabus No. 1 (N.D.1972); see N.D.R. Lawyer Discipl. 4.5. Reinstatement following suspension is not a matter of right, and the suspended at......
  • Request a trial to view additional results
7 cases
  • In re Hoffman, No. 20050162.
    • United States
    • United States State Supreme Court of North Dakota
    • October 18, 2005
    ...of his discipline, he has become a fit and proper person to be intrusted with the office of an attorney." Application of Christianson, 202 N.W.2d 756 Syll. ¶ 1 (N.D.1972). Reinstatement is not a matter of right. Application of Christianson, 253 N.W.2d 410, 413 (N.D.1977). Rather, the petiti......
  • Stensland v. Disciplinary Bd. of the Supreme Court of State (In re Application for Reinstatement of Stensland), No. 20130008.
    • United States
    • United States State Supreme Court of North Dakota
    • December 19, 2013
    ...of his discipline, he has become a fit and proper person to be intrusted with the office of an attorney.” Application of Christianson, 202 N.W.2d 756, Syll. ¶ 1 (N.D.1972). Reinstatement is not a matter of right. Application of Christianson, 253 N.W.2d 410, 413 (N.D.1977). Rather, the petit......
  • Application of Christianson, Nos. 8520
    • United States
    • United States State Supreme Court of North Dakota
    • January 31, 1974
    ...reapply for reinstatement after January 1, 1973, and may be reinstated upon a proper showing at that time.' Application of Christianson, 202 N.W.2d 756 By application dated January 8, 1973, the petitioner again applied for reinstatement. The matter was again referred to the grievance commit......
  • In re Reinstatement of Ellis, No. 20060081.
    • United States
    • United States State Supreme Court of North Dakota
    • September 13, 2006
    ...and proper person to be entrusted with the office of an attorney. In re Hoffman, 2005 ND 171, ¶ 5, 704 N.W.2d 810; In re Christianson, 202 N.W.2d 756, Syllabus No. 1 (N.D.1972); see N.D.R. Lawyer Discipl. 4.5. Reinstatement following suspension is not a matter of right, and the suspended at......
  • Request a trial to view additional results

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