Interim Suspension Ordered

The North Dakota Supreme Court has ordered a suspension based on imminent threat of harm

The application states that the documents submitted establish grounds to believe that Overboe has been experiencing a gradual, yet consistent, degeneration of her mental health. Further, that the degeneration has reached a point where it is the belief of the Office of Disciplinary Counsel that Overboe can no longer competently represent her clients and poses an imminent threat to their interests and any potential future clients. Attached to the application was a petition for rehearing submitted in Buchholz v. Overboe, Supreme Court No. 20220113; a Declaration of Kristin Overboe filed in Buchholz v. Overboe, No 02-2020-DM-00102 dated March 1, 2022; a Responsive Declaration of Kristin Overboe filed in Buchholz v. Overboe, No 02-2020-DM-00102 dated March 14, 2022; and a Petition for discipline in 6772-SE-2207. In each document, Overboe discusses her own mental health issues.

The petition for discipline states Overboe represented a client in a family law matter. The petition alleges Overboe failed to comply with discovery, resulting in her being prohibited from entering evidence and questioning the opposing party on certain issues. The petition also alleges Overboe was unprepared for trial. The petition alleges Overboe’s conduct injured the client. The petition alleges Overboe failed to communicate with the client. The petition alleges Overboe informed the client she was withdrawing and would not file an appeal, but did later file a notice of appeal. The petition alleges Overboe has failed to provide the client with her file. The petition alleges Overboe’s conduct violated N.D.R. Prof. Conduct 1.1, 1.2, 1.4, 1.16, and 3.4.

The attorney was given an opportunity to respond

On December 8, 2022, Overboe responded, “I really don’t want to do this. I’m too tired. You guys can just suspend me.”

 (Mike Frisch)