Opinion
A21-0764
10-03-2023
IN RE Petition for DISCIPLINARY ACTION AGAINST Richard A. SALITERMAN, a Minnesota Attorney, Registration No. 0095266.
ORDER
The Director of the Office of Lawyers Professional Responsibility filed a petition for disciplinary action against respondent Richard Saliterman. Counts one and two alleged that Saliterman had committed misconduct. Count three alleged that the Director had concerns about Saliterman's capacity to practice law and there was good cause to support relief pursuant to Rule 28(e), Rules on Lawyers Professional Responsibility (RLPR) (authorizing the court to transfer a lawyer to disability inactive status after a hearing).
We appointed a referee. We directed the referee to make findings of fact, conclusions, and recommendations about the nature of Saliterman's disability and whether Saliterman is able to competently represent clients. The referee held an evidentiary hearing.
The referee filed his findings of fact, conclusions, and recommendations. The referee concluded there was clear and convincing evidence that Saliterman has a medical condition that makes him unable to competently represent clients within the meaning of Rule 28(a), RLPR. The referee recommended that Saliterman be transferred to disability inactive status and that the disciplinary proceedings against Saliterman be stayed.
The Director and Saliterman have entered into a stipulation for transfer of respondent to disability inactive status. The parties stipulate that the referee's findings of fact and conclusions of law are conclusive. The parties jointly recommend that the court transfer Saliterman to disability inactive status and stay the pending disciplinary proceedings against him.
We have independently reviewed the file and approve the jointly recommended disposition.
Based upon all the files, records, and proceedings herein,
IT IS HEREBY ORDERED THAT:
1. Respondent Richard A. Saliterman is transferred to disability inactive status under Rule 28, RLPR, effective immediately. While on disability inactive status, respondent may not render legal advice, discuss legal matters with clients, or otherwise engage in the practice of law.
2. Respondent shall comply with Rule 26, RLPR (requiring notice of transfer to disability inactive status to clients, opposing counsel, and tribunals).
3. The pending disciplinary proceedings are placed on hold and may be administratively closed until such time as respondent is reinstated pursuant to Rule 28(d), RLPR. Upon the filing of an order reinstating respondent, the stay of the disciplinary proceedings will be automatically lifted, and the disciplinary proceedings shall proceed pursuant to Rule 14, RLPR.
BY THE COURT:
/s/ Natalie E. Hudson
Natalie E. Hudson
Chief Justice