Ex-Wife Murder Draws Disbarment
The Minnesota Supreme Court has disbarred an attorney convicted for the murder of his ex-wife
The Director of the Office of Lawyers Professional Responsibility (Director) filed a petition for disciplinary action against respondent Anders L. Odegaard. The petition alleged that, by committing murder, Odegaard violated Minn. R. Prof. Conduct 8.4(b), which establishes that it is professional misconduct for a lawyer to “commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects.” Odegaard failed to respond to the petition or participate in any disciplinary proceedings. The Director asserts that the appropriate discipline is disbarment. We agree. Based on his misconduct, we disbar Odegaard from the practice of law.
The attorney had been admitted in 2018
On August 31, 2022, the Marshall County Attorney charged Odegaard with murder in the second degree. The criminal complaint alleged that Odegaard murdered his ex-wife during an assault that took place in front of their minor child. On December 22, 2023, Odegaard pled guilty to and was convicted of second-degree felony murder, in violation of Minn. Stat. § 609.19, subd. 2(1) (2024). On January 29, 2024, the district court sentenced Odegaard to serve 220 months in prison.
After we deemed the allegations in the petition admitted, we allowed the parties to submit memoranda detailing the appropriate discipline for Odegaard’s misconduct. Odegaard did not submit a memorandum or otherwise file any appearance to take a position on what discipline should be imposed.
Sanction
First, we consider the nature of Odegaard’s misconduct. It is misconduct for a lawyer to “commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects.” Minn. R. Prof. Conduct 8.4(b). Felonies involving crimes of violence are considered serious misconduct that can warrant disbarment, even when they do not involve the practice of law. In re Pitera, 827 N.W.2d 2 207, 210 (Minn. 2013). Here, Odegaard murdered his ex-wife in front of their minor child. This is extremely serious misconduct.
Next, we consider the cumulative weight of the misconduct. While this factor does not add to the severity of the appropriate discipline here since only one instance of misconduct is at issue, the misconduct in this case is extremely serious standing alone.
Next, we consider the harm to the public. Odegaard caused tremendous harm: he murdered his ex-wife in front of their child. The harm to the public in this case is severe and tragic.
Finally, we consider the harm to the legal profession. Felony-level crimes of violence “undermine[] the public’s confidence in the ability of attorneys to abide by the rule of law.” Pitera, 827 N.W.2d at 212. As the Director points out, “[m]urder is among the most serious crimes an individual can commit, and it is shocking to the public and profession that a lawyer could engage in such serious criminal conduct.” By committing murder, Odegaard caused serious harm to the legal profession. In addition to the four factors discussed above, in determining the appropriate discipline we also consider whether any aggravating or mitigating circumstances are present. Hansen, 868 N.W.2d at 59. The attorney subject to discipline bears the burden to allege and prove mitigating factors. In re Ulanowski, 834 N.W.2d 697, 703 (Minn. 2013). Because Odegaard did not answer the petition, there are no mitigating factors for us to consider. Likewise, the Director has not raised any aggravating factors in this case.
Finally, we consider the discipline imposed in similar cases to “ensure that our disciplinary decision is consistent with prior sanctions.” In re Nathanson, 812 N.W.2d 70, 3 80 (Minn. 2012). We have imposed disbarment in every case where an attorney was convicted of murder. See In re Ryan, 130 N.W.2d 534, 534 (Minn. 1964) (disbarring an attorney convicted of murder in the second degree); In re Johnson, 143 N.W.2d 382, 38283 (Minn. 1966) (disbarring an attorney convicted of murder in the third degree); In re Thompson, 209 N.W.2d 412, 414 (Minn. 1973) (disbarring an attorney convicted of murder in the first degree). Imposing disbarment in this case is consistent with our prior sanctions.
KFGO reported
A judge in Northwestern Minnesota has sentenced a former attorney to 18 years in prison for the beating death of his ex-wife.
The sentence, given to 33-year-old Anders Odegaard, was part of a plea agreement between the defense and the Marshall County Attorney’s Office. Odegaard pleaded guilty to second-degree murder in the August 2022 death of 31-year-old Carissa Odegaard. In exchange for the guilty plea, a charge of second-degree intentional murder was dismissed.
Two of the couple’s young children witnessed the attack, which happened at Anders Odegaard’s home in Warren. Carissa Odegaard died at at Fargo hospital.
Anders Odegaard was at one time an assistant attorney general in North Dakota as well as a lawyer for the state’s Insurance Department.
(Mike Frisch)