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Disciplinary Board of the Supreme Court of the State of North Dakota v. O'Donnell

In the Matter of the Application for DISCIPLINARY ACTION AGAINST Kerry A. O’DONNELL, a Person Admitted to the Bar of the State of North Dakota. Disciplinary Board of the Supreme Court of the State of North Dakota, Petitioner v. Kerry A. O’Donnell, Respondent

Disciplinary Bd. of the Supreme Court of the State of N.D. v. O'Donnell, 2008 ND 17, 744 N.W.2d 724
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Court
North Dakota Supreme Court · State Highest Courts
Decided
February 20, 2008
Docket
No. 20080039
Judges
Vande Walle, Sandstrom, Maring, Kapsner, Crothers
Citations
744 N.W.2d 7242008 ND 172008 N.D. LEXIS 172008 WL 442574

Opinion — Per Curiam

INTERIM SUSPENSION ORDERED.

PER CURIAM.

[¶ 1] On February 9, 2008, an Application for the Interim Suspension of Kerry A. O’Donnell, a member of the Bar of North Dakota, and a certified copy of the Criminal Judgment and Commitment in State of North Dakota v. Kerry Andrew O’Donnell, Cass Co. 07-K-00933, were filed under N.D.R. Lawyer Discipl. 4.1D by Brent J. Edison, Assistant Disciplinary Counsel. The Criminal Judgment shows that O’Donnell plead guilty to Attempt to Acquire or Obtain Possession of a Controlled Substance by Misrepresentation, Fraud, Forgery, Deception, or Subterfuge, in violation of N.D.C.C. §§ 12.1-06-01 and 19-03.1-25(l)(c), a Class A Misdemeanor.

[¶ 2] N.D.R. Lawyer Discipl. 4.1D provides that upon the filing with the Court of a certificate or other satisfactory evidence of conviction demonstrating that a lawyer has been convicted of a serious crime, the Court shall enter an order immediately suspending the lawyer pending final disposition of a disciplinary proceeding predicated upon the conviction.

[¶ 3] Under N.D.R. Lawyer Discipl. 4.1C, a serious crime is any felony and any lesser crime a necessary element of which, as determined by the statutory or common law definition of the crime, involves interference with the administration of justice, false swearing, misrepresentation, fraud, willful failure to file income tax returns, deceit, bribery, extortion, misappropriation, theft, or an attempt or a conspiracy or solicitation of another to commit any of those crimes.

[¶ 4] ORDERED, under N.D.R. Lawyer Discipl. 4.1D, Kerry A. O’Donnell’s certificate of admission to the Bar of the State of North Dakota is SUSPENDED effective immediately and until further order of this Court, pending final disposition of a disciplinary proceeding predicated upon the conviction.

[¶ 5] FURTHER ORDERED, Kerry A. O’Donnell comply with N.D.R. Lawyer Discipl. 6.3, Notice of Status.

[¶ 6] GERALD W. VANDE WALLE, C.J., DALE V. SANDSTROM, MARY MUEHLEN MARING, CAROL RONNING KAPSNER and DANIEL J. CROTHERS, JJ, concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

2008: 12015: 120082026peak 2008 · 1

Relies on it most ⓘ

  1. Disciplinary Board of the Supreme Court of the State of North Dakota v. O'Donnell2008 ND 76, 747 N.W.2d 504
  2. Grosinger v. J.G.2015 ND 207, 869 N.W.2d 108

Most recent

  1. Grosinger v. J.G.2015 ND 207, 869 N.W.2d 108
  2. Disciplinary Board of the Supreme Court of the State of North Dakota v. O'Donnell2008 ND 76, 747 N.W.2d 504

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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