Opinion
A15-1814
02-03-2020
IN RE Petition for DISCIPLINARY ACTION AGAINST Mpatanishi Syanaloli Tayari GARRETT, a Minnesota Attorney, Registration No. 0342075.
ORDER
The Director of the Office of Lawyers Professional Responsibility has filed an amended petition for disciplinary action against respondent Mpatanishi Syanaloli Tayari Garrett, seeking reciprocal discipline after respondent was suspended in Texas for 36 months, with 18 months probated. Texas disciplined respondent for making false statements in a bankruptcy proceeding, pursuing frivolous claims in that bankruptcy matter, and knowingly disobeying her obligations under the rules of tribunal, including by failing to comply with several bankruptcy court orders, in violation of Tex. Disc. R. Prof. Conduct 3.02 and 3.04.
We ordered respondent to inform us whether she thought reciprocal discipline is warranted and the reasons for her view and permitted the Director to file a responsive brief. See Rule 12(d), Rules on Lawyers Professional Responsibility (RLPR). Only the Director filed a brief on whether reciprocal discipline is warranted.
When an attorney has been publicly disciplined in another jurisdiction, the court imposes reciprocal discipline "unless it appears that discipline procedures in the other jurisdiction were unfair, or the imposition of the same discipline would be unjust or substantially different from discipline warranted in Minnesota." Id. "Unless the Court determines otherwise, a final adjudication in another jurisdiction that a lawyer had committed certain misconduct shall establish conclusively the misconduct for purposes of disciplinary proceedings in Minnesota." Id.
The disciplinary proceedings in Texas were fair. The imposition of the same discipline would not be unjust or substantially different from discipline warranted in Minnesota.
Based upon all the files, records, and proceedings herein,
IT IS HEREBY ORDERED THAT:
1. Respondent Mpatanishi Syanaloli Tayari Garrett’s current indefinite suspension is extended, with no right to petition for reinstatement for 18 months from the date of this order.
2. Respondent may petition for reinstatement pursuant to Rule 18(a)–(d), RLPR. Reinstatement is conditioned on successful completion of the written examination required for admission to the practice of law by the State Board of Law Examiners on the subject of professional responsibility, see Rule 18(e)(2), RLPR, and satisfaction of continuing legal education requirements, see Rule 18(e)(4), RLPR.
3. Respondent shall comply with Rule 26, RLPR (requiring notice of suspension to clients, opposing counsel, and tribunals), and shall pay $900 in costs pursuant to Rule 24(a), RLPR.