Practicing While Intoxicated

The North Dakota Supreme Court has ordered a 30-day suspension of an attorney

The hearing panel concluded Spencer’s conduct violated N.D.R. Prof. Conduct 8.4 by attempting to violate Rule 1.1 regarding competence by showing up to represent a client while under the influence of alcohol and causing the repeated need for the matter to be rescheduled.

The hearing panel considered aggravating factors of prior disciplinary offenses, a pattern of misconduct, and selfish motive. The hearing panel recommended Spencer be suspended from the practice of law in North Dakota for 90 days, be placed on probation with conditions for two years following the suspension, and pay $250 in costs and expenses of the disciplinary proceeding.

Proposed sanction reduced

The Court adopts the hearing panel’s findings and conclusions. It concludes a 90-day suspension is not an appropriate sanction. Instead, it orders a 30-day suspension.

The court further ordered a two-year probation

1. Spencer is required to undergo a mental health evaluation within 30 days of this order to determine the appropriate course and cost of treatment and monitoring by RecoveryTrek, the costs and expenses of which are to be paid by Spencer.
2. Spencer continue meeting with a mental health professional at a frequency determined by the mental health professional to address any mental health and substance abuse issues, the costs and expenses of which are to be paid by Spencer.
3. Spencer attend weekly sobriety support meetings, which will be monitored by RecoveryTrek.
4. Spencer submit quarterly self-monitoring reports to the Office of Disciplinary Counsel addressing compliance with the terms of probation.

(Mike Frisch)