Christianson, In re, No. 8520

CourtUnited States State Supreme Court of North Dakota
Writing for the CourtKNUDSON; TEIGEN; STRUTZ
Citation175 N.W.2d 8
PartiesIn the Matter of the Application for Disciplinary Action Against Elmo T. CHRISTIANSON, a Member of the Bar of the State of North Dakota.
Decision Date13 February 1970
Docket NumberNo. 8520

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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

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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...

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4 practice notes
  • Application of Christianson, Nos. 8520
    • United States
    • United States State Supreme Court of North Dakota
    • 31 Enero 1974
    ...May 16, 1957, his right to practice was reinstated. On February 13, 1970, he was suspended for reasons which appear in In re Christianson, 175 N.W.2d 8 (N.D.1970). The decision provided that the petitioner would 'have the privilege of applying for reinstatement of a certificate of admission......
  • Application of Christianson, Nos. 8520
    • United States
    • United States State Supreme Court of North Dakota
    • 22 Febrero 1977
    ...and is included within the inherent powers of the court. Constitution of N.D., Sec. 87; Sec. 27-14-01, N.D.C.C.; In re Christianson, 175 N.W.2d 8 (N.D.1970); In re Eaton, 60 N.D. 580, 235 N.W. 587 (1931). As to reinstatement, it has been the rule of this court for a very long time that a ju......
  • Walton, Matter of, No. 9216
    • United States
    • United States State Supreme Court of North Dakota
    • 11 Marzo 1977
    ...at law. He is an officer of the court, and should be possessed of a high appreciation of ethical and moral duties." In re Christianson, 175 N.W.2d 8, 11 On the other hand, we are impressed with the respondent's otherwise-unblemished record, and particularly with the support he has been give......
  • Application of Christianson, Nos. 8520
    • United States
    • United States State Supreme Court of North Dakota
    • 5 Mayo 1972
    ...complaint then filed, and its later action on May 16, 1957, reinstating such license; and 2. Its action on February 13, 1970, reported in 175 N.W.2d 8, suspending the respondent's certificate of admission to the of the State of North Dakota for the reasons set forth in such Since both the p......
4 cases
  • Application of Christianson, Nos. 8520
    • United States
    • United States State Supreme Court of North Dakota
    • 31 Enero 1974
    ...May 16, 1957, his right to practice was reinstated. On February 13, 1970, he was suspended for reasons which appear in In re Christianson, 175 N.W.2d 8 (N.D.1970). The decision provided that the petitioner would 'have the privilege of applying for reinstatement of a certificate of admission......
  • Application of Christianson, Nos. 8520
    • United States
    • United States State Supreme Court of North Dakota
    • 22 Febrero 1977
    ...and is included within the inherent powers of the court. Constitution of N.D., Sec. 87; Sec. 27-14-01, N.D.C.C.; In re Christianson, 175 N.W.2d 8 (N.D.1970); In re Eaton, 60 N.D. 580, 235 N.W. 587 (1931). As to reinstatement, it has been the rule of this court for a very long time that a ju......
  • Walton, Matter of, No. 9216
    • United States
    • United States State Supreme Court of North Dakota
    • 11 Marzo 1977
    ...at law. He is an officer of the court, and should be possessed of a high appreciation of ethical and moral duties." In re Christianson, 175 N.W.2d 8, 11 On the other hand, we are impressed with the respondent's otherwise-unblemished record, and particularly with the support he has been give......
  • Application of Christianson, Nos. 8520
    • United States
    • United States State Supreme Court of North Dakota
    • 5 Mayo 1972
    ...complaint then filed, and its later action on May 16, 1957, reinstating such license; and 2. Its action on February 13, 1970, reported in 175 N.W.2d 8, suspending the respondent's certificate of admission to the of the State of North Dakota for the reasons set forth in such Since both the p......

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