In re Rubin

• Citation: 969 N.W.2d 76 (Mem)
• Decision Date: 18 January 2022
• Docket Number: A21-1570
• Parties: IN RE Petition for DISCIPLINARY ACTION AGAINST Paul Benjamin RUBIN, a Minnesota Attorney, Registration No. 0396687.
• Court: Supreme Court of Minnesota (US)

969 N.W.2d 76 (Mem)

IN RE Petition for DISCIPLINARY ACTION AGAINST Paul Benjamin RUBIN, a Minnesota Attorney, Registration No. 0396687.

A21-1570

Supreme Court of Minnesota.

January 18, 2022

ORDER

Natalie E. Hudson, Associate Justice

The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action seeking reciprocal discipline after respondent Paul Benjamin Rubin was publicly reprimanded and placed on 1 year probation by the Arizona Supreme Court. Respondent was disciplined in Arizona for, in his capacity as a prosecutor in 2019, negligently failing to disclose portable breath test (PBT)/horizontal gaze nystagmus (HGN) test results of a testifying witness during a criminal trial. See Rule 42, Ariz. R. Sup. Ct., and in particular Ethical Rules (ERs) 1.1 (competence), 1.3 (diligence), 3.8(d) (special responsibilities of a prosecutor), and 8.4(d) (conduct prejudicial to the administration of justice). As a result of respondent's misconduct, which the defense discovered after defendant was convicted, the criminal matter was dismissed with prejudice as a sanction.

Respondent and the Director have entered into a stipulation for discipline. In it, respondent admits that a final adjudication in another jurisdiction, Arizona, establishes conclusively the misconduct for purposes of reciprocal discipline in Minnesota under Rule 12(d), Rules on Lawyers Professional Responsibility (RLPR); admits that his conduct has violated ERs 1.1, 1.3, 3.8(d), and 8.4(d); and waives his procedural rights under Rule 12(d), RLPR. The parties jointly recommend that the appropriate discipline is imposition of identical discipline to the sanction imposed in Arizona—a public reprimand and 1 year probation (to be applied retroactively).

This 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 Paul Benjamin Rubin is publicly reprimanded.

2. Respondent is placed on a 1-year probation, deemed retroactive to the date his probation was established in Arizona.

3. Respondent shall provide the Director with confirmation of successful completion of probation in Arizona. Respondent's probation will be deemed completed as of the date respondent's Arizona probation is or was completed.

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

5. Respondent shall abide by the Minnesota Rules of Professional Conduct.