Disciplinary Action Against Munns, In re, No. C8-87-691

CourtMinnesota Supreme Court
Citation458 N.W.2d 100
Decision Date18 July 1990
PartiesIn re the Petition for DISCIPLINARY ACTION AGAINST Robert MUNNS, an Attorney at Law of the State of Minnesota.
Docket NumberNo. C8-87-691

Page 100

458 N.W.2d 100
In re the Petition for DISCIPLINARY ACTION AGAINST Robert
MUNNS, an Attorney at Law of the State of
Minnesota.
No. C8-87-691.
Supreme Court of Minnesota.
July 18, 1990.
ORDER

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

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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...

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