Reinstated On Probation

The Minnesota Supreme Court has reinstated an attorney who was suspended for 60 days for misconduct in several matters.

The court had rejected a non-suspensory sanction recommended in the original case

Although Torgerson was entitled to defend herself against the Director’s allegations, the referee was in the best position to observe her demeanor, and specifically, the sincerity of the apologies for her behavior. In re Ulanowski, 800 N.W.2d 785, 804 (Minn.2011) (stating that the referee was in the “best position” to assess whether an attorney’s acknowledgement of misconduct “was sincere”). On that point, the referee found that, although Torgerson was “sensitive to the manner in which she was treated,” she showed “little sensitivity for those at whom her actions were directed in the various incidents here involved.” We cannot say that the referee made a clear error in reaching this conclusion…

Torgerson’s misconduct wasted judicial resources and potentially harmed her clients. Her refusal to return to court in the K.B. matter required a jury to reconvene unnecessarily for another day of court, and her outbursts and unsubstantiated filings consumed the valuable time and energy of judges and court staff. As we have recognized, “[a]n attorney does not advance the client’s cause ․ by making unfounded allegations about the judge’s decision-making process. Here, [Torgerson’s] verbal and written attacks on the judiciary and its personnel only could have harmed [her] client.” Jensen, 468 N.W.2d at 546. Moreover, Torgerson’s unprofessional actions and demeanor “reflect adversely on the bar, and are destructive of public confidence in the legal profession.” In re Shaughnessy, 467 N.W.2d 620, 621 (Minn.1991).

The attorney (who is or has been a candidate for the United States Congress) must pass the professional responsibility portion of the state bar exam and complete two years of probation.

(Mike Frisch)