City of Mandan v. Strata Corp.
2012 ND 173
| N.D. | 2012Background
- Feland, a former Burleigh County Assistant State’s Attorney, prosecuted Blunt for misapplication of entrusted property.
- A Wahl memo summarized auditors’ investigation into Spencer’s relocation expenses; it suggested the resignation might be voluntary, affecting recoupment.
- During Blunt’s criminal case, the State’s discovery did not disclose the Wahl memo to defense counsel Hoffman, according to the panel’s findings.
- A 2006 performance audit raised questions about recoupment of Spencer’s relocation expenses; Blunt and auditors later clarified voluntary vs. non-voluntary resignation.
- The Disciplinary Board panel found Feland violated Rule 3.8(d) for failing to disclose the Wahl memo; it recommended 60 days suspension and costs.
- This Court held Feland violated Rule 3.8(d) but imposed an admonition and partial costs rather than suspension.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 3.8(d) requires intent | Feland argues no mens rea, cites Attorney C. | Feland urges intent required; Disciplinary Counsel argues broader duty. | Rule 3.8(d) applies to knowing or negligent disclosure |
| Scope of Rule 3.8(d) compared to Brady/Rule 16 | Rule 3.8(d) should mirror Brady/16 limits. | Rule 3.8(d) is broader and not limited by Brady/16. | Rule 3.8(d) is broader; not limited to Brady/16 |
| Was the Wahl memo disclosed to defense before trial? | Wahl memo should have been provided; panel found it unrevealed. | Bless sent documents; Hoffman didn’t receive Wahl memo. | Wahl memo not disclosed before trial |
| Proper sanction for negligent violation | Panel’s 60-day suspension and full costs warranted. | Only negligent, isolated incident; admonition appropriate. | Admonition with partial costs instead of suspension |
| Relation to public/private sanction and impact on record | Costs should be fully imposed as discipline. | Admonition is non-public; but here sanction becomes public via opinion. | Admonition publicly issued; partial costs imposed |
Key Cases Cited
- State v. Blunt, 2011 ND 127 (ND) (discusses voluntary vs. non-voluntary resignation; recoupment issues)
- State v. Blunt, 2010 ND 144 (ND) (Blunt II; misapplication of entrusted property; discovery issues)
- State v. Blunt, 2008 ND 135 (ND) (Blunt I; initial dismissal and prosecution context)
- In re Attorney C, 47 P.3d 1167 (Colo. 2002) (diverges on mens rea in Rule 3.8(d))
- In re Jordan, 913 So.2d 775 (La. 2005) (no mental element; knowingly withheld exculpatory evidence)
- Disciplinary Board v. McKechnie, 2003 ND 22 (ND) (isolated negligence not automatically sanction-free under incompetence rules)
- Disciplinary Board v. Hoffman, 2005 ND 153 (ND) (isolated negligence not per se disqualifying under general standards)
- State v. Summers, 2012 ND 116 (ND) (standard of review in disciplinary proceedings)