Opinion
A21-0137
02-08-2021
IN RE Petition for Transfer to Disability Inactive Status of David R. CUMMISKEY, a Minnesota Attorney, Registration No. 0192806.
ORDER
The Director of the Office of Lawyers Professional Responsibility filed a petition for transfer of respondent David R. Cummiskey to disability inactive status. The petition alleges that respondent has a medical condition that prevents him from competently representing clients and that respondent is the subject of a pending disciplinary investigation.
The parties have entered into a stipulation for transfer to disability inactive status. In the stipulation, respondent admits that he has a disability that prevents him from competently representing clients. The parties jointly recommend that the court transfer respondent to disability inactive status and stay the pending disciplinary investigation of respondent. The parties also recommend that if respondent seeks reinstatement, the stay of the disciplinary investigation will be automatically lifted, and that the allegations of misconduct arising out of the investigations shall be considered during the reinstatement process and a recommendation as to the appropriate discipline, if any, shall be made to the court.
Based on all the files, records, and proceedings herein,
IT IS HEREBY ORDERED THAT:
1. Respondent David R. Cummiskey is transferred to disability inactive status under Rule 28, Rules on Lawyers Professional Responsibility (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 disciplinary investigation involving respondent is stayed until such time as respondent petitions for reinstatement to the practice of law under Rules 18 and 28(d), RLPR. Upon the filing of a petition for reinstatement, the stay of the disciplinary investigation will be automatically lifted. In addition to the requirements of Rules 18 and 28(d), the reinstatement proceedings will involve a determination of whether discipline is warranted.
4. In addition to the requirements of Rules 18 and 28(d), RLPR, respondent's reinstatement shall be conditioned on respondent establishing through expert medical evidence that he is cognitively fit to resume the practice of law.