911 And Conduct Prejudicial To The Administration Of Justice

The Minnesota Supreme Court has imposed a public reprimand for a Rule 8.4  violation.

Robert Stoneburner was admitted to practice law in Minnesota in April 1977. He has no previous record of professional misconduct. The Director’s petition for disciplinary action in this case is based on two criminal offenses that Stoneburner committed on August 24, 2013.

That day, Stoneburner and his wife engaged in a heated argument. The argument culminated with Stoneburner throwing a small “soft sided case” at his wife, which hit her in the leg. As Stoneburner’s wife called 911, Stoneburner physically wrested the phone from her and hung it up. The 911 operator returned the call, and Stoneburner again hung up the phone. When the 911 operator called back a second time, Stoneburner answered and told the operator there was no emergency. Only when the operator requested to speak to his wife did Stoneburner hand over the telephone. At the referee hearing, Stoneburner testified that he interfered with the 911 call because he did not want to be arrested.

Stoneburner was charged in Stearns County with three crimes in connection with the incident: one count of gross misdemeanor interference with a 911 call, Minn. Stat. § 609.78, subd. 2(1) (2014); one count of misdemeanor domestic assault-fear, Minn. Stat. § 609.2242, subd. 1(1) (2014), and one count of misdemeanor domestic assault-harm, Minn. Stat. § 609.2242, subd. 1(2) (2014). Following trial, a jury found Stoneburner guilty of interfering with the 911 call and committing domestic assault-fear, but acquitted him of domestic assault-harm.

A referee had found that no ethical violations were established and recommended that the charges be dismissed.

The OLR Director ordered a transcript and sought review.

The Director urges us to conclude that the referee’s application of Rule 8.4(b) to Stoneburner’s conduct was clearly erroneous because the comment to the rule states that criminal “offenses involving violence” are in the category of offenses that “indicate lack of those characteristics relevant to the practice of law.” The Director points to a wide range of Minnesota statutes categorizing misdemeanor domestic assault-fear as a crime involving violence, e.g., Minn. Stat. § 609.02, subd. 16 (2014), and argues that the fact that Stoneburner’s crime involved violence is conclusive evidence that Rule 8.4(b) was violated.

The domestic incident did not violate Rule 8.4(b)

the referee properly noted that this case does not involve an allegation that Stoneburner’s acts—although unquestionably condemnable—caused physical harm to his victim. This case, then, is different from those in which we have imposed discipline for misdemeanor assaults.

We do not minimize the seriousness of domestic assault offenses, nor imply that an attorney who commits misdemeanor domestic assault cannot thereby violate Rule 8.4(b). Rather, we hold that the referee’s determination that the Director did not carry her burden to prove a violation of Rule 8.4(b) by clear and convincing evidence in this case is not clearly erroneous.

But interfering with the 911 call did violate Rule 8.4(d). 

The referee’s conclusion on this issue was clearly erroneous. The undisputed evidence convinces us that Stoneburner’s acts were prejudicial to the administration of justice. The 911 telephone system is one of the most important gateways to our system of criminal justice. As the Legislature has recognized, interference with an emergency call is a crime against a vital government service. See Minn. Stat. § 609.78, subd. 2(1). Interference delays a crime victim’s right to aid, confuses first responders, undermines the State’s ability to investigate and prosecute violent crime, and needlessly consumes criminal justice resources. An attorney should never act to prevent a victim’s access to the criminal justice system, especially by the use of force or coercion.

In this case, Stoneburner used force and coercion to hinder his wife’s access to aid. He took the telephone from her to prevent her from reporting the assault. He compounded the interference by preventing his wife from answering the operator’s return call. When the operator called again, Stoneburner attempted to mislead the operator for the purpose of avoiding arrest. His conduct was clearly prejudicial to the administration of justice.

And the sanction must be public

In this case, we cannot conclude that a private admonition is sufficient discipline. Stoneburner’s misconduct in violating Rule 8.4(d) substantially differs from previous cases in which we have determined that the violations warranted only private discipline. See In re Panel No. 94-17, 546 N.W.2d 744, 747 (Minn. 1996) (holding that an attorney violated Rule 8.4(d) by threatening to bill a client for time spent responding to an ethics complaint); In re A.M.E., 533 N.W.2d 849, 850-51 (Minn. 1995) (concluding that an attorney violated Rule 8.4(d) by making a profane phone call and sending a derogatory fax to a complainant in an attempt to interfere with the disciplinary process). In neither 94-17 nor A.M.E. did the attorney’s conduct constitute a criminal offense, and the misconduct at issue in both of those cases was less serious than in this case. Nor is this case similar to In re Panel File 98-26, 597 N.W.2d 563, 568 (Minn. 1999), in which we concluded that, although the attorney committed serious misconduct, a private admonition was sufficient. In that case, we concluded that the misconduct “did not stem from any malicious intent” and recognized that the misconduct was accompanied by immediate affirmative actions on the part of the attorney to mitigate the consequences. Id. at 568-69. Here, those factors are not present, and we decline to take the extraordinary step of ordering a private admonition for misconduct that we consider serious. Attorneys licensed in this state must understand that their obligation to support the administration of justice is fundamental, and that even isolated acts that directly impede it may warrant public discipline. Thus, we conclude that the appropriate discipline is a public reprimand.

(Mike Frisch)