Christianson, In re

• Citation: 175 N.W.2d 8
• Decision Date: 13 February 1970
• Docket Number: No. 8520,8520
• Parties: In the Matter of the Application for Disciplinary Action Against Elmo T. CHRISTIANSON, a Member of the Bar of the State of North Dakota.
• Court: United States State Supreme Court of North Dakota

Page 8

175 N.W.2d 8

In the Matter of the Application for Disciplinary Action Against Elmo T. CHRISTIANSON, a Member of the Bar of the State of North Dakota.

No. 8520.

Supreme Court of North Dakota.

Feb. 13, 1970.

Syllabus by the Court

1. The Supreme Court is authorized to revoke or suspend the certificate of ad-admission of an attorney. Sections 27--14--01, 27--14--02, North Dakota Century Code; Supreme Court Rules of Disciplinary Procedure.

2. For reasons stated in the opinion, the certificate of admission of the respondent is suspended for a period of one year.

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

Robert E. Dahl, Grafton, Chairman of Grievance Committee No. 1 of the State Bar Association of North Dakota, amicus curiae.

KNUDSON, Judge.

This is an original proceeding in this court for the discipline of E. T. Christianson, a member of the bar of the state of North Dakota, who now resides at Cavalier, Pembina County, North Dakota.

This court is authorized to revoke or suspend the certificate of admission of an attorney under § 27--14--01:

The power to revoke or suspend the certificate of admission of an attorney or counselor at law is vested in the supreme court.

North Dakota Century Code.

The grounds for disbarment or suspension are prescribed by § 27--14--02, the applicable parts of which are as follows:

The certificate of admission to the bar of this state of an attorney and counselor at law may be revoked or suspended by the supreme court if he has:

3. Willfully violated any of the duties of an attorney or counselor at law;

7. Committed any other act which tends to bring reproach upon the legal profession. The enumeration of certain grounds for disbarment or suspension of attorneys at law shall not be deemed a limitation upon the general powers of the supreme court to suspend or disbar for professional misconduct.

North Dakota Century Code.

This court adopted rules governing disciplinary proceedings wherein it declared that it possessed original and exclusive jurisdiction under the provisions of § 27--02--07, North Dakota Century Code, in addition to its inherent jurisdiction, in all matters involving admission of persons to practice law in this state and of the disciplining of such persons. This court further declared that any acts committed by an attorney contrary to accepted standards of honesty, justice or morality, including but not limited to those in § 27--14--02, N.D.C.C., and the violation of the duties outlined in § 27--13--01, N.D.C.C., may constitute cause for discipline. This court further declared that where such act constitutes a felony or a misdemeanor, conviction thereof in a criminal proceeding shall not be a condition precedent to suspension or to the institution of disciplinary proceedings, nor shall acquittal necessarily constitute a bar thereto, and that any violation of the canons of professional ethics as adopted by the American Bar Association, affirmed by the Bar Association of the state of North Dakota, may also constitute cause for discipline.

This court, having received several informal complaints alleging various acts of professional misconduct on the part of Mr. Christianson, pursuant to the Supreme Court Rules of Disciplinary Procedure, we referred the several complaints to the Grievance Commission of the Supreme Court, and the Grievance Commission referred the complaints to Grievance Committee No. 1 for investigation and report of its findings and recommendations; and the Grievance Committee having filed with the Grievance Commission its report of its findings and its recommendation, and the Grievance Commission having received the report, findings and recommendation of the Grievance Committee, filed with this court its report recommending the institution of disciplinary proceedings, this court directed the Grievance Commission to file a formal complaint against the said E. T. Christianson. The complaint was served upon the said E. T. Christianson, and he served his answer thereto; and the Supreme Court ordered said proceedings referred to the Honorable Hamilton E. Englert, Judge of the District Court of the First Judicial District of the State of North Dakota, as referee, with directions to take testimony therein and to make his findings, conclusions and recommendations; and such testimony was taken on the 16th day of October, 1969; and the said referee made and filed his findings of fact, conclusions of law and recommendations in said matter.

The Court gave notice that a hearing would be held in the court room of this Court in the city of Bismarck, North Dakota, at 11:00 a.m., January 20, 1970, at which time this Court would hear the arguments both for and against the adoption of the referee's findings, conclusions and recommendations, based on the evidence adduced at the referee's hearing, and ordered that a copy of the notice of hearing, together with a copy of the referee's findings, conclusions and recommendations, and a copy of the transcript of the testimony adduced before the referee, be served upon the respondent E. T. Christianson by registered mail not less than eight days before the said hearing, and was duly served accordingly.

And the said matter came on for hearing on the said 20th day of January, 1970, at 11:00 a.m., in the court room of the Supreme Court at Bismarck, North Dakota, the said respondent E. T. Christianson not appearing in person or by attorney; and the Grievance Commission of the Supreme Court appearing by Bruce B. Bair, attorney at law, Mandan, North Dakota; and Robert Dahl, attorney at law, Grafton, North Dakota, appearing amicus curiae, on behalf of Grievance Committee No. 1.

This Court heard the...