Opinion
A21-0352
08-05-2021
IN RE Petition for DISCIPLINARY ACTION AGAINST Kip William KOOTZ, a Minnesota Attorney, Registration No. 026362X.
ORDER
In an April 29, 2021 order, we suspended respondent Kip William Kootz from the practice of law for a minimum of 30 days, effective 14 days from the date of the order.
Respondent has filed an affidavit seeking reinstatement in which he states that he has fully complied with the terms of the suspension order, except for successful completion of the written examination required for admission to the practice of law by the State Board of Law Examiners on the subject of professional responsibility. The Director of the Office of Lawyers Professional Responsibility does not oppose the request.
Based upon all the files, records, and proceedings herein,
IT IS HEREBY ORDERED THAT:
1. Effective as of the date of this order, respondent Kip William Kootz is conditionally reinstated to the practice of law in the State of Minnesota, subject to his successful completion of the written examination required for admission to the practice of law by the State Board of Law Examiners on the subject of professional responsibility, and is placed on probation for 5 years, upon the following terms and conditions:
a. Respondent shall abide by the Minnesota Rules of Professional Conduct.
b. Respondent shall cooperate fully with the Director's Office in its efforts to monitor compliance with this probation. Respondent shall promptly respond to the Director's correspondence by its due date. Respondent shall provide to the Director a current mailing address and shall immediately notify the Director of any change of address. Respondent shall cooperate with the Director's investigation of any allegations of unprofessional conduct that may come to the Director's attention. Upon the Director's request, respondent shall provide authorization for release of information and documentation to verify compliance with the terms of this probation.
c. Respondent shall maintain total abstinence from alcohol and other mood-altering chemicals, except that respondent may use prescription drugs in accordance with the directions of a prescribing physician who is fully advised of respondent's chemical dependency before issuing the prescription.
d. Respondent shall, at his own expense, once per month, submit to random urinalysis for drug and alcohol screening at
a facility approved by the Director and shall direct the drug/alcohol screening facility to provide the results of all urinalysis testing to the Director's Office. If, after 6 months, all such tests have been negative, then the frequency of the random tests may be reduced. Respondent shall submit to tests as directed by the Director, taking into consideration respondent's recent leg injuries, respondent's current inability to travel out of his home due to his leg injuries, and COVID-related safety concerns. Any failure to cooperate with testing shall be considered the same as receipt of a positive test result. Any positive test result will be grounds for revoking this probation.
e. Respondent shall continue attending weekly meetings of Alcoholics Anonymous or other abstinence-based recovery support group or program acceptable to the Director. Respondent shall, by the tenth day of each month, without a specific reminder or request, submit to the Director, on a form provided by the Director, an attendance verification that provides the name, address, and telephone number of the person personally verifying the attendance.
f. Respondent shall notify the Director of any arrest, charges, or indictment for any criminal offense, in any jurisdiction, within 10 days of the arrest or issuance of the charges/indictment.
g. If at any time during the period of probation, after giving respondent an opportunity to be heard by the Director, the Director concludes that respondent has violated the conditions of the probation or engaged in further misconduct, the Director may file a petition for disciplinary action against respondent in the Minnesota Supreme Court without the necessity of submitting the matter to a Panel or Panel Chair. Respondent waives the right to such consideration by the Panel or Panel Chair.
2. By April 29, 2022, respondent shall file with the Clerk of the Appellate Courts and serve upon the Director proof of respondent's successful completion of the written examination required for admission to the practice of law by the State Board of Law Examiners on the subject of professional responsibility. See Rule 4.A.(5), Rules for Admission to the Bar (requiring evidence than an applicant has successfully completed the Multistate Professional Responsibility Examination). Failure to do so shall result in automatic suspension, pending proof of successful completion of the examination, under Rule 18(e)(3), Rules on Lawyers Professional Responsibility.