In re Disciplinary Action against Nett, 839 N.W.2d 716

Director filed a disciplinary action against Rebekah Nett alleging violations of Minn. R. Prof. Conduct 3.1, 4.4(a), 8.2(a), 8.4(d), and 8.4(g) based on a pattern of bad-faith litigation and false, harassing statements toward judges and others involved in litigation.
Nett answered but did not accompany her attorney to the evidentiary hearing; the referee found misconduct and recommended an indefinite suspension with a minimum of 6 months.
The misconduct consisted of 11 filings in 5 matters over 17 months, involving SIST-related entities, with repeated false statements targeting judges and officials across multiple courts.
Nett faced sanctions in several matters: a $5,000 penalty in a Wisconsin matter, sanctions upheld on appeal, and a $5,000 bankruptcy sanction with further ethical and CLE requirements; these sanctions were not necessarily fully paid at the time of this review.
The referee identified aggravating factors (no remorse, failure to attend a hearing, pattern of misconduct, refusal to acknowledge wrongdoing) and mitigating factors (no prior discipline, cooperation in investigation, compliance with bankruptcy court orders, conduct limited to one client).
The court ultimately imposed an indefinite suspension with no petition for reinstatement for 9 months, rejecting the referee’s reliance on Nett’s lack of disciplinary history and cooperation as mitigating factors.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Appropriate discipline for Nett’s misconduct	Director urged at least a 2-year suspension.	Nett and referee favored indefinite suspension with 6-month minimum.	Indefinite suspension with no reinstatement for 9 months.

In re Aitken, 787 N.W.2d 152 (Minn. 2010) (lack of disciplinary history is not mitigating; used for aggravation)
In re Farley, 771 N.W.2d 857 (Minn. 2009) (cooperation with proceedings not a mitigating factor)
In re Selmer, 749 N.W.2d 30 (Minn. 2008) (guides discipline assessment, four-factor framework)
In re Rooney, 709 N.W.2d 263 (Minn. 2006) (sanctions framework and public protection goals)
In re Lundeen, 811 N.W.2d 602 (Minn. 2012) (tailor sanction to facts; four-factor test)
In re Nathanson, 812 N.W.2d 70 (Minn. 2012) (public harm from frivolous, delaying conduct)
In re Houge, 764 N.W.2d 328 (Minn. 2009) (candor to court; impact on judicial integrity)
In re Murrin, 821 N.W.2d 195 (Minn. 2012) (court integrity and rule compliance)
In re Rebeau, 787 N.W.2d 168 (Minn. 2010) (disciplinary sanctions framework)
In re Jones, 834 N.W.2d 671 (Minn. 2013) (review of referee findings for clear error)