In re Petition for Disciplinary Action against Mark Allen Lichtenwalter, a Minnesota Attorney, Registration No. 0395031....

Jun 17, 2019
A190467
Versions:929 N.W.2d 431

ORDER

The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Mark Allen Lichtenwalter has committed professional misconduct warranting public discipline, namely, engaging in a pattern of sexual offenses, including felony level solicitation of a child believed to be a minor to engage in sexual conduct, and a misdemeanor involving indecent exposure. See Minn. R. Prof. Conduct 8.4(b).

Respondent and the Director have entered into a stipulation for discipline. In it, respondent waives his right to answer, unconditionally admits the allegations of the petition, and waives his procedural rights under Rule 14, Rules on Lawyers Professional Responsibility (RLPR). The parties jointly recommend that the appropriate discipline is an indefinite suspension with no right to petition for reinstatement for 3 years.

The court has independently reviewed the file and approves the recommended discipline.

Based upon all the files, records, and proceedings herein,

IT IS HEREBY ORDERED THAT:

  1. Respondent Mark Allen Lichtenwalter is indefinitely suspended from the practice of law, effective 14 days from the date of this order, with no right to petition for reinstatement for 3 years.
  2. Respondent may petition for reinstatement pursuant to Rule 18(a)-(d), RLPR. Reinstatement is conditioned on successful completion of the written examination required for admission to the practice of law by the State Board of Law Examiners on the subject of professional responsibility, see Rule 18(e)(2), RLPR, and satisfaction of continuing legal education requirements, see Rule 18(e)(4), RLPR.
  3. Respondent shall comply with Rule 26, RLPR (requiring notice of suspension to clients, opposing counsel, and tribunals), and shall pay $900 in costs and $65.23 in disbursements pursuant to Rule 24(a)-(b), RLPR.

Dated: June 17, 2019

BY THE COURT:

David L. Lillehaug

Associate Justice

MCKEIG, Justice (dissenting).

I respectfully dissent. I believe respondent‘s misconduct calls for stronger discipline.