Opinion
A20-0934
09-16-2020
IN RE Petition for DISCIPLINARY ACTION AGAINST Thomas H. PERTLER, a Minnesota Attorney, Registration No. 0208024.
ORDER
The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Thomas H. Pertler has committed professional misconduct warranting public discipline—namely, failing to disclose known police misconduct of which respondent had knowledge and which required disclosure, failing to implement a Brady policy, failing to disclose information about police misconduct to those who needed the information, and failing to train the staff of the Carlton County Attorney's Office, ultimately resulting in the dismissals of 19 pending criminal cases and the retroactive dismissal and expungement of eight cases that had resulted in conviction, including release of one such defendant who was incarcerated in prison at the Minnesota Department of Corrections. Respondent's conduct violated Minn. R. Prof. Conduct 3.4(c), 3.8(d), 5.1(a), 5.1(b), and 8.4(d).
Respondent unconditionally admits the allegations of the petition, waives his rights pursuant to Rule 14, Rules on Lawyers Professional Responsibility (RLPR), and has entered into a stipulation with the Director wherein they jointly recommend that the appropriate discipline is disbarment as well as payment of $900 in costs pursuant to Rule 24, RLPR.
This court has independently reviewed the file and approves the jointly recommended disposition.
Based upon all the files, records, and proceedings herein,
IT IS HEREBY ORDERED THAT:
1. Respondent Thomas H. Pertler is disbarred, effective as of the date of this order.
2. Respondent shall pay $900 in costs pursuant to Rule 24, RLPR.