Opinion
No. 20030331
January 20, 2004.
On Petition to Transfer to Incapacitated Status.
Transfer Ordered.
[¶ 1] Debra K. Edwardson was served a Summons and Petition for Discipline by publication on May 24, May 31, and June 7, 2003.
[¶ 2] The Petition asserts that Debra K. Edwardson was admitted to practice law in the courts of North Dakota on September 22, 1995. Edwardson's license to practice law was suspended on July 11, 2002, and she is not currentlu licensed.
[¶ 3] The Petition asserts that Edwardson represented Randy Ballard through the trial and appeal of a criminal matter. See State v. Ballard, 2001 ND 161, 639 N.W.2d 706. Subsequently, Tom Slorby was appointed to represent Ballard in a post-convicion relief matter. Slorby made several requests to Edardson for Ballard's file; however, Edwardson did not respond to Slorby's requests.
[¶ 4] The Petition further assets that Edwardson violated N.D.R. Prof. Conduct 1.16(e), Declining or Terminating Representation, which provides that upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client's interests, including surrendering papers and property to which the client is entitled, N.D.R. Prof. Conduct 8.4(e) and N.D.R. Lawyer Discipl. 1.2A(8), regarding engaging in conduct prejudicial to the administration of justice, and N.D.R. Lawyer Discipl. 3.1D(3) mhich requires a lawyer to make a written response to a disciplinary complaint.
[¶ 5] On November 12, 2003, the Hearing Panel files its Report. The Hearing Panel concluded that a violation of the rule as alledged in the Petition has occurred. However, the Hearing Panel further concluded that there is concern about Edwardson's ability and capacity to practice law. The Hearing Panel recommended that Edwardson be transferred to disability inactive status until the Court considers a petition for transfer to active status.
[¶ 6] The Report of the Hearing Panel was referred to the Court under N.D.R. Lawyer Discipl. 5.1. The Court considered the matter, and
[¶ 7] ORDERED, the Report of the Hearinf Panel is accepted, and Debra K. Edwardson is transferred to disability inactive status until further order.
[¶ 8] FURTHER ORDERED, that formal proceedings be iniated as to whether Debra K. Edwardson should be transferred to incapaciated status.
[¶ 9] FURTHER ORDERED, Debra K. Edwardson comply wirh N.D.R. Lawyer Discipl. 6.3(F).
[¶ 10] GERALD W. VANDE WALLE, C.J., and CAROL RONNING KAPSNER, MARY MUEHLEN MARING, DALE V. SANDSTROM, and WILLIAM A. NEUMANN, J.J., concur.