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In re Disciplinary Action against Ramsay

Citations: 799 N.W.2d 604; 2011 Minn. LEXIS 394; 2011 WL 2853704Docket: No. A11-0912

Court: Supreme Court of Minnesota; July 13, 2011; Minnesota; State Supreme Court

Narrative Opinion Summary

In a case involving professional misconduct, an attorney was suspended from practicing law for a minimum of 90 days following a guilty plea to third-degree cocaine possession. This plea was considered conclusive evidence of a criminal act that adversely reflected on his fitness as a lawyer, violating Minn. R. Prof. Conduct 8.4(b). The attorney waived his procedural rights and admitted to the allegations. Both parties recommended a suspension and disciplinary probation that aligns with his criminal probation, which includes a stayed sentence, jail time, a fine, community service, and a decade-long probation with substance abstinence and random testing. The court's decision focused on protecting the public and the judicial system, rather than punishing the attorney. The attorney demonstrated prompt self-reporting and efforts toward rehabilitation following his arrest and a subsequent relapse. To be reinstated, he must notify relevant parties, cover costs, and meet specific educational and regulatory requirements. Furthermore, he will continue to be subject to probation conditions, including cooperation with the Director’s office and adherence to professional conduct and criminal probation terms. Failure to complete the professional responsibility section of the bar exam within a year will result in automatic re-suspension.

Legal Issues Addressed

Professional Misconduct and Criminal Acts

Application: The attorney's guilty plea to third-degree possession was considered conclusive evidence of professional misconduct, reflecting adversely on his fitness as a lawyer.

Reasoning: His guilty plea to third-degree possession is deemed conclusive evidence of a criminal act reflecting poorly on his fitness as a lawyer, violating Minn. R. Prof. Conduct 8.4(b).

Public Protection and Deterrence

Application: The court emphasized that the purpose of disciplinary actions is to protect the public and the judicial system, not to punish the attorney.

Reasoning: The court emphasizes that disciplinary actions aim to protect the public and judicial system rather than punish the attorney.

Reinstatement Conditions

Application: The attorney must fulfill specific conditions, including educational requirements and compliance with probation terms, to be eligible for reinstatement.

Reasoning: Ramsay must notify relevant parties of his suspension, pay $900 in costs, and may seek reinstatement after the suspension by proving compliance with educational and regulatory requirements.

Suspension and Disciplinary Probation

Application: The attorney was suspended for a minimum of 90 days and placed on disciplinary probation to align with the terms of his criminal probation.

Reasoning: Charles Alan Ramsay is suspended from practicing law for a minimum of 90 days due to professional misconduct... with both parties recommending the suspension and a period of disciplinary probation that aligns with his criminal probation.