Books and Journals XI. Supreme Court Proceedings

XI. Supreme Court Proceedings

Document Cited Authorities (7) Cited in Related

XI. SUPREME COURT PROCEEDINGS

A. Panel/Referee

In reinstatement hearings, Panel reports are treated as referee reports are treated in discipline proceedings. Compare Minn. R. Lawyers Prof'l Resp. 14(e), with Rule 18(c). Appeal is by ordering a transcript. If a transcript is not ordered, the Panel's findings and conclusions are conclusive. Minn. R. Lawyers Prof'l Resp. 18(c). If a transcript is ordered, the Panel's findings and conclusions are not conclusive.

B. Stipulation After Panel Hearing

If, after hearing, a Lawyers Board Panel recommends reinstatement, it is not uncommon for OLPR and petitioner to file with the Court a stipulation in which reinstatement is recommended. If, on the other hand, the Panel recommends against reinstatement, proceedings may be terminated either by withdrawal of the petition or pursuant to stipulation. An example of the latter procedure is In re Severson, 889 N.W.2d 291 (Mem) (Minn. 2016).

C. Standards of Review

The Court has stated several review standards. It is not clear that they harmonize. As with referee discipline proceedings, the Court applies a "clearly erroneous" standard to Panel findings and conclusions. In re Mose, 754 N.W.2d 357, 360 (Minn. 2008). The Court ordinarily "will defer to a panel's finding that a petitioner's testimony that he has undergone the requisite moral...

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