In re Disciplinary Action Against Clark, 834 N.W.2d 186

Director filed disciplinary petition against attorney Jill Clark; referee held hearings after Clark experienced multiple 2012 mental-health crises and hospitalizations.
Clark submitted to some evaluations; the court-appointed examiner (Dr. Kenning) and Clark’s expert (Dr. Schaffer) both diagnosed mental-health conditions but concluded she could assist in her defense and likely return to practice in early January 2013 with accommodations.
Referee found Clark disabled due to serious mental-health issues, concluded she could assist in her defense as of December 7, 2012, but could not competently represent clients for the foreseeable future, and recommended transfer to disability inactive status and stay of proceedings.
Clark did not file a transcript or respond to the referee’s findings; the court temporarily suspended Clark pending its decision.
The court reviewed the record, found ample evidence of severe and recurrent psychiatric episodes, lack of sustained treatment follow-through, and concluded the referee’s findings were not clearly erroneous.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Clark should be transferred to disability inactive status	Director: Clark’s disability prevents competent client representation; transfer required under Rule 28	Clark: contends she can assist in her defense and return to practice with accommodations	Transferred to disability inactive status effective immediately; cannot practice law while inactive
Proper standard of review for referee’s disability findings	Director: referee’s findings conclusive where no transcript ordered	Clark: implicitly challenges findings by seeking transcript and contesting transfer	Court applied clearly erroneous review (and found findings not clearly erroneous) and sustained referee
Whether to stay underlying disciplinary proceedings and investigations	Director: stay proceedings and any new investigations while Clark is on disability inactive status	Clark: no effective opposition filed; moved for recusal and other procedural filings unrelated to stay	Court stayed the pending disciplinary proceeding and all current/future investigations until reinstatement
Whether to require a minimum waiting period before petitioning for reinstatement	Director: request 1-year wait to encourage treatment follow-through	Clark: opposed (no argument in record requiring delay)	Court declined to impose a required waiting period before reinstatement petitions

In re Ginsberg, 690 N.W.2d 539 (Minn. 2004) (defines standard for lawyer disability under Rule 28)
In re Paul, 809 N.W.2d 693 (Minn. 2012) (articulates deference to referee’s findings when transcript ordered)
In re Murrin, 821 N.W.2d 195 (Minn. 2012) (standard for reviewing referee findings; clearly erroneous standard)
In re Fett, 790 N.W.2d 840 (Minn. 2010) (deference to referee on credibility, demeanor)
In re Collins, 659 N.W.2d 754 (Minn. 2003) (order staying disciplinary proceedings when attorney transferred to disability inactive status)
In re Bieter, 599 N.W.2d 828 (Minn. 1999) (order staying proceedings on disability transfer)
In re Harnois, 791 N.W.2d 539 (Minn. 2010) (order staying investigations when attorney transferred to disability inactive status)
In re Gardner, 725 N.W.2d 95 (Minn. 2006) (order staying investigations following disability transfer)
In re Verbrick, 687 N.W.2d 634 (Minn. 2004) (order staying investigations upon disability transfer)
In re Rustad, 645 N.W.2d 85 (Minn. 2002) (order staying investigations when attorney placed on disability inactive status)