The State Bar Association of North Dakota Fall 2014 Gavel Magazine | Page 17

years since the last review. The advent of technology and the fastmoving changes occurring to our state’s economy necessitated a
thorough look at the disciplinary system.
On perhaps the coldest days in January, an ABA Consultation
Team interviewed Court staff, Disciplinary Counsel and his staff,
complainants, respondents, and the lawyers who represent them.
The team also interviewed the current and incoming leadership of
SBAND and staff. On the final day if its consultation, the team
met with members of the North Dakota Supreme Court.
The resulting North Dakota Report on the Lawyer Discipline
System includes 12 recommendations to make the system more
accessible to the public, streamlined in the handling of cases and
efficient through the use of technology. I expect that many will
welcome the changes that will make the system more open and
technologically efficient. However, the recommended structural
changes will give Disciplinary Counsel more investigative
authority and discretion in the handling of cases.
Some of the ABA Report recommendations include the following:
• Amend the Rules of Lawyer Discipline to make Disciplinary
Counsel responsible for screening and investigating all
complaints.

• Eliminate three regional Inquiry Committees and create one
statewide Inquiry Committee with 15-18 members who act
in panels, similar to hearing panels, to make probable cause
determinations.
• The statewide Inquiry Committee would no longer have
authority to admonish a lawyer as that authority would be given
to Disciplinary Counsel.
• Members of the statewide Inquiry Committee would be
appointed by the Supreme Court or the Court-appointed
Disciplinary Board, with input from SBAND.
Upon receipt of the ABA Report, the Supreme Court referred
its consideration to the Joint Committee on Attorney Standards,
chaired by District Judge Michael Sturdevant. The Court’s referral
requests that temporary members be added to the Committee
to assist in review of the report. After its scheduled meeting in
November, the expanded Joint Committee will undertake review
of the ABA Report in earnest.
I encourage SBAND members to review the ABA Report for
themselves on the Disciplinary Board webpage at http://www.
ndcourts.gov/court/committees/disc_brd/committee.asp.

ABA Delegate Change in 2014

As I approach my last year as a member of the Disciplinary Board,
SBAND President Jack McDonald asked me to represent our
Association as SBAND’s representative to the ABA House of
Delegates. I am familiar with the work of the ABA. For many
years I have served as an elected member of the American Law
Institute. The 1$