In re Disciplinary Action Against Wolff
810 N.W.2d 312
Minn.2012Background
- Respondent Erin Marie Wolff was disbarred in Arizona on March 17, 2009 for numerous misconduct counts, under her married name Erin M. Alavez.
- She returned to Minnesota and resumed practicing law under her maiden name without informing the Minnesota Director of the disbarment.
- Arizona notified the Minnesota Director of the disbarment in April 2011, prompting a petition for reciprocal discipline under Rule 12(d), RLPR.
- Respondent was admitted to practice in Minnesota in 1998; she changed names twice (Alavez and Wolff) due to marriage and divorce, affecting practice location and naming.
- Arizona’s disciplinary order found widespread misconduct including lack of competence and diligence, misappropriation of funds, failure to communicate, dishonesty, and obstruction of disciplinary proceedings, with no mitigating factors and several aggravating factors.
- Respondent did not participate in Minnesota’s reciprocal discipline proceedings; the court deemed the Arizona misconduct conclusively established and imposed Minnesota disbarment with costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Were Arizona's disciplinary procedures fair to Wolff? | Director | Wolff | Arizona procedures were fair |
| Should Minnesota impose reciprocal discipline under Rule 12(d) based on Arizona disbarment? | Director | Wolff | Reciprocal disbarment appropriate |
| Is Arizona’s final misconduct adjudication conclusively established for Minnesota purposes when respondent did not participate? | Director | Wolff | Misconduct conclusively established |
| Do aggravating factors outweigh any mitigating factors to support disbarment in Minnesota? | Director | Wolff | Disbarment warranted |
Key Cases Cited
- In re Schmidt, 586 N.W.2d 774 (Minn. 1998) (due process and fundamental fairness require notice and opportunity to be heard)
- In re Koss, 572 N.W.2d 276 (Minn. 1997) (notice and opportunity to present mitigating evidence)
- In re Roff, 581 N.W.2d 32 (Minn. 1998) (Arizona proceedings fair despite nonparticipation)
- In re Morin, 469 N.W.2d 714 (Minn. 1991) (fairness in disciplinary proceedings despite lack of participation)
- In re Ulanowski, 800 N.W.2d 785 (Minn. 2011) (four-factor framework for discipline; role of aggravating/mitigating factors)
- In re Nelson, 733 N.W.2d 458 (Minn. 2007) (discipline framework balancing nature, weight, and harms)