In Re Petition for DISCIPLINARY ACTION AGAINST Jason William McGEE, a Minnesota Attorney, Registration No. 387360

Nov 19, 2014
A14-211
Versions:856 N.W.2d 97

ORDER

The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Mark Francis Novak committed professional misconduct warranting public discipline, namely, making knowingly false statements to a court and opposing counsel, in violation of Minn. R. Prof. Conduct 3.3(a)(1), 4.1, and 8.4(c) and (d). In a stipulation for discipline, respondent unconditionally admits the allegations of the petition, waives his procedural rights under Rule 14, Rules on Lawyers Professional Responsibility (RLPR), and with the Director recommends that the appropriate discipline is a public reprimand. Along with the stipulation for discipline, the Director included a memorandum indicating that a public reprimand is the appropriate discipline in light of evidence of mitigating factors present in this case.

[W]e have suspended attorneys for misrepresentations made to our judicial officers. In re Jensen, 542 N.W.2d 627, 634 (Minn.1996). We have suspended attorneys when the attorney’s misconduct involved a single misrepresentation to a court. See, e.g., In re Michael, 836 N.W.2d 753, 758-59, 767 (Minn.2013) (30-day suspension for making a false statement to a court, disobeying a court order, making a frivolous argument, and improperly accusing a judge of bias); In re Warpeha, 802 N.W.2d 361, 361 (Minn.2011) (order) (60-day suspension for making a false statement about the attorney’s criminal history during voir dire when he was a potential juror); In re Van Liew, 712 N.W.2d 758, 758 (Minn.2006) (order) (90-day suspension for making a false statement to a tribunal and failing to file opposition to a motion); In re Scott, 657 N.W.2d 567, 568 (Minn.2003) (order) (30-day suspension for making false statements to a court in attorney’s divorce and custody proceeding).

The court has independently reviewed the file and, in light of the evidence of mitigating factors, approves the recommended disposition.

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

IT IS HEREBY ORDERED that:

  1. Respondent Mark Francis Novak is publicly reprimanded; and
  2. Respondent shall pay $900 in costs pursuant to Rule 24, RLPR.

BY THE COURT:

/s/ Alan C. Page

Associate Justice

ORDER

The Director of the Office of Lawyers Professional Responsibility filed a petition for disciplinary action alleging that respondent Jason William McGee committed professional misconduct warranting public discipline, namely, failing to timely file his 2008-2011 state income taxes, in violation of Minn. R. Prof. Conduct 8.4(d), being convicted of felony failure to pay income taxes, in violation of Minn. R. Prof. Conduct 8.4(b), failing to appear at court hearings in two matters, in violation of Minn. R. Prof. Conduct 1.3, 3.2, and 8.4(d), and failing to cooperate with the Director, in violation of Minn. R. Prof. Conduct 8.1(b) and Rule 25, Rules on Lawyers Professional Responsibility (RLPR). On May 1, 2014, we deemed the allegations in the petition admitted. See Rule 13(b), RLPR.

The parties have now entered into a stipulation for discipline. In it, respondent unconditionally admits the allegations in the petition and waives his rights under Rule 14, RLPR. The parties jointly recommend that the appropriate discipline is suspension from the practice of law for a minimum of 1 year with the right to petition for reinstatement after 10 months.

This court has independently reviewed the file and approves the jointly recommended disposition.

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

IT IS HEREBY ORDERED that:

  1. Respondent Jason William McGee is suspended from the practice of law for a minimum of 1 year, effective 14 days from the date of the filing of this order, with leave to file a petition for reinstatement 10 months after the effective date of his suspension;
  2. Respondent may petition for reinstatement pursuant to Rule 18(a)-(d), RLPR. Reinstatement is conditioned on successful completion of the professional responsibility portion of the state bar examination and satisfaction of continuing legal education requirements pursuant to Rule 18(e), RLPR; and
  3. Respondent shall comply with Rule 26, RLPR (requiring notice of suspension to clients, opposing counsel, and tribunals), and shall pay $900 in costs pursuant to Rule 24, RLPR.

BY THE COURT:

/s/

Alan C. Page

Associate Justice