Witch Hunt

The North Dakota Supreme Court has reinstated an attorney who had been suspended for six months and a day.

He has been the subject of a series of disciplinary sanctions

After a hearing, the hearing panel concluded Howe has the requisite fitness and competence to practice law. However, Howe had not complied with the terms and conditions of all applicable disciplinary orders and rules. Although Howe had not completely complied with the orders of this Court in Howe, 2014 ND 44, 843 N.W.2d 325, the hearing panel concluded Howe should be conditionally reinstated to allow him time to comply in light of the extraordinary events unfolding at that time. See Howe, 2014 ND 17, 842 N.W.2d 646, and Howe, 2014 ND 109, 847 N.W.2d 126. The hearing panel concluded Howe had not engaged or attempted to engage in the unauthorized practice of law during the period of suspension or disbarment. The hearing panel considered other factors under in N.D.R. Lawyer Discipl. 4.5(F), which were not determinative of the matter.

There was concern expressed about his conduct after earlier suspensions

The hearing panel also considered whether Howe should be disciplined regarding his conduct during his suspensions in Howe, 2014 ND 44, 843 N.W.2d 325, and Howe, 2014 ND 17, 842 N.W.2d 64. Howe posted a notice on his office door stating and included in letters to clients that he was interim suspended by the Supreme Court and charged with a crime as a result of a “witch hunt” by the Drug Task Force, State’s Attorney and district court judge. The hearing panel concluded there was clear and convincing evidence Howe violated N.D.R. Prof. Conduct 8.2(a), Judicial and Legal Officials, which provides that a lawyer shall not knowingly, or with reckless disregard as to its truth or falsity, make a false statement concerning the qualifications or integrity of a judge. The hearing panel concluded a reprimand was the appropriate sanction for Howe’s misconduct.

The reinstatement is subject to a number of conditions. (Mike Frisch)