First Shirt

The North Dakota Supreme Court has reprimanded an attorney for a Rule 3.4 violation in a division of property dispute in the wake of a default divorce matter in which she represented the wife.

The wife rented an apartment from the attorney, who believed that the husband had signed the lease.

The issues before the hearing panel are related to Stanley’s actions after the informal disciplinary complaint was filed. After receiving the informal complaint, Stanley called the husband at his workplace at the Minot Air Force Base (“MAFB”). She made multiple calls to MAFB in an attempt to speak to the husband or his “first shirt.” A first shirt is a special duty given to a Master Sergeant or higher enlisted rank who acts as a liaison between the enlisted airmen and the command and is in charge of the welfare and morale of the enlisted airmen. The husband stated the signature on the lease was not his and informed Stanley he could not speak to her while he was at work. Stanley then repeatedly called MAFB in an attempt to speak to his first shirt. During the calls, she became frustrated and short tempered after not being put in contact with the husband’s first shirt. The hearing panel found the MAFB personnel were not cooperative in directing her call to the appropriate place.

When the husband’s first shirt returned Stanley’s call, Stanley’s statements implied she wanted the husband to be fired. Stanley also asked the first shirt to require the husband to submit to a polygraph test. The hearing panel found Stanley’s conduct was retaliation for the disciplinary complaint filing. The hearing panel found her conduct to be harassing, embarrassing, and burdensome to the husband.

The complaint was filed by the husband’s new wife. (Mike Frisch)