In re Petition for Disciplinary Action Against Elbert, No. A15–0350.

CourtSupreme Court of Minnesota (US)
Writing for the CourtAlan C. Page Associate Justice
Citation861 N.W.2d 679 (Mem)
PartiesIn re Petition for DISCIPLINARY ACTION AGAINST Philip Jay ELBERT, a Minnesota Attorney, Registration No. 293891.
Docket NumberNo. A15–0350.
Decision Date01 April 2015

861 N.W.2d 679 (Mem)

In re Petition for DISCIPLINARY ACTION AGAINST Philip Jay ELBERT, a Minnesota Attorney, Registration No. 293891.

No. A15–0350.

Supreme Court of Minnesota.

April 1, 2015.


ORDER

The Director of the Office of Lawyers Professional Responsibility filed a petition for disciplinary action alleging that respondent Philip Jay Elbert committed professional misconduct warranting public discipline, namely, failing to maintain custody over and disseminating confidential materials obtained during discovery in a criminal proceeding, in violation of Minn. R. Prof. Conduct 3.4(c) and 8.4(d).

Respondent now waives his procedural rights under Rule 14, Rules on Lawyers Professional Responsibility (RLPR), and

861 N.W.2d 680

unconditionally admits the allegations of the petition. In a stipulation for discipline, the parties jointly recommend that the appropriate discipline is a 30–day suspension.

The court has independently reviewed the file and approves the jointly recommended disposition.

Based upon all the files, records, and proceedings herein,

IT IS HEREBY ORDERED that:

1. Respondent Philip Jay Elbert is suspended from the practice of law for a minimum of 30 days, effective 14 days from the date of the filing of this order;

2. Respondent shall comply with Rule 26, RLPR (requiring notice of suspension to clients, opposing counsel, and tribunals);

3. Respondent shall pay $900 in costs pursuant to Rule 24, RLPR ;

4. Respondent shall be eligible for reinstatement to the practice of law following the expiration of the suspension period provided that, not less than 15 days before the end of the suspension period, respondent files with the Clerk of Appellate Courts and serves upon the Director an affidavit establishing that he is current in continuing legal education requirements, has complied with Rules 24 and 26, RLPR, and has complied with any other conditions for reinstatement imposed by the court; and

5. Within 1 year of the date of the filing of this order, respondent shall file with the Clerk of Appellate Courts and serve upon the...

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2 practice notes
  • In re Siders, A17-0514
    • United States
    • Supreme Court of Minnesota (US)
    • October 27, 2017
    ...The attorney in Scannell had also made derogatory statements on his blog about criminal defendants whom he was prosecuting. Scannell, 861 N.W.2d at 679. And in In re Blashack, 793 N.W.2d 437, 437 (Minn. 2011) (order), the attorney pleaded guilty to one count of fourth-degree criminal sexual......
  • In re Petition for Disciplinary Action Against Scannell, No. A14–1930.
    • United States
    • Supreme Court of Minnesota (US)
    • April 1, 2015
    ...a petition for disciplinary action alleging that respondent Timothy Christopher Scannell has committed professional misconduct warranting 861 N.W.2d 679public discipline, namely, committing two counts of fourth-degree criminal sexual conduct and making derogatory statements on his blog abou......
2 cases
  • In re Siders, A17-0514
    • United States
    • Supreme Court of Minnesota (US)
    • October 27, 2017
    ...The attorney in Scannell had also made derogatory statements on his blog about criminal defendants whom he was prosecuting. Scannell, 861 N.W.2d at 679. And in In re Blashack, 793 N.W.2d 437, 437 (Minn. 2011) (order), the attorney pleaded guilty to one count of fourth-degree criminal sexual......
  • In re Petition for Disciplinary Action Against Scannell, No. A14–1930.
    • United States
    • Supreme Court of Minnesota (US)
    • April 1, 2015
    ...a petition for disciplinary action alleging that respondent Timothy Christopher Scannell has committed professional misconduct warranting 861 N.W.2d 679public discipline, namely, committing two counts of fourth-degree criminal sexual conduct and making derogatory statements on his blog abou......

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