Opinion
A22-0574
09-09-2022
IN RE Petition for DISCIPLINARY ACTION AGAINST Kristi D. MCNEILLY, a Minnesota Attorney, Registration No. 0341265.
ORDER
The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Kristi D. McNeilly has committed professional misconduct warranting public discipline, namely, being convicted of felony theft-by-swindle in Court File No. 27-CR-19-13419, in violation of Minn. R. Prof. Conduct 8.4(b) and (c). Respondent's appeal of her conviction is pending before the Minnesota Court of Appeals in Court File No. A22-0468. The disciplinary hearing on the petition is scheduled for September 26, 2022.
This matter is before the court on the parties’ stipulation (1) to place this matter on hold pending the decision of the court of appeals in respondent's felony conviction appeal, and (2) for respondent's voluntary interim temporary suspension during that same time period.
This court has independently reviewed the file and approves the recommended stay and interim temporary suspension.
Based upon all the files, records, and proceedings herein,
IT IS HEREBY ORDERED THAT:
1. Respondent's license to practice law is temporarily suspended pursuant to Rule 16, Rules on Lawyers Professional Responsibility (RLPR), effective on the date of this order. If the court of appeals affirms respondent's criminal conviction, respondent's license shall remain suspended until the disciplinary proceedings are concluded. If the court of appeals vacates the conviction and remands for a new trial, respondent's license shall be reinstated pending the outcome of the criminal case and subsequent disciplinary proceedings. Absent further agreement of the parties, the disciplinary proceedings will recommence upon the issuance of the court of appeals’ decision or upon voluntary dismissal of the appeal;
2. Respondent shall comply with Rule 26, RLPR ; and
3. Nothing in this order shall preclude the Director or respondent from seeking, upon written motion to this court and for good cause shown, to recommence the disciplinary proceedings and to lift the temporary suspension before a decision of the court of appeals is issued.
BY THE COURT:
/s/ __________
Natalie E. Hudson
Associate Justice