Opinion
No. 890231.
June 11, 1990.
F. Lorene Whitesides Larson was suspended for 90 days effective March 1, 1990, by Supreme Court Order dated January 25, 1990.
On May 30, 1990, Vivian E. Berg, Staff Counsel for the Disciplinary Board of the Supreme Court, filed Motions for Continuing Suspension and for Contempt of the above Order with a supporting brief and affidavits. By Order of this Court dated May 31, 1990, the suspension of F. Lorene Whitesides Larson, Respondent, was continued on an interim basis pending final disposition of proceedings predicated upon allegations that she continued to practice law while suspended from the practice of law. The Respondent was given an opportunity to Respond to the Motions.
Thomas L. Trenbeath, counsel for the Respondent, filed on June 4, 1990, a Motion for a Hearing on the Motions of the Disciplinary Counsel. A hearing was set for 11 a.m., June 11, 1990. A Brief in Opposition to the Motions for Continuing Suspension and for Contempt was subsequently filed June 11, 1990, by Mr. Trenbeath.
A hearing was held in the Supreme Court on the Motions for Continuing Suspension and for Contempt and on the Response. The matter was argued by Ms. Berg and Mr. Trenbeath, submitted and taken under advisement by the Court.
After consideration of the briefs and oral argument, the Supreme Court determined that there is insufficient evidence that Respondent's misconduct posed substantial threat of irreparable harm to the public as set forth in Rule 3.4, NDPRLDD, for Interim Suspension; and
ORDERED, that the Interim Suspension of the Respondent be discontinued and that upon immediate payment of the costs of the disciplinary proceedings that Respondent's license be reinstated pending the hearing before the Disciplinary Board on this matter.
IT IS FURTHER ORDERED, that payment of any attorney's fees that may be required will be subject to the further Order of this Court.
The Supreme Court of the State of North Dakota convened at 12:30 p.m. this 11th day of June, 1990, with the Chief Justice, the Honorable Ralph J. Erickstad; the Honorable Gerald W. VandeWalle, the Honorable H.F. Gierke III, the Honorable Herbert L. Meschke, the Honorable Beryl J. Levine, Justices; and the Clerk of the Supreme Court, Luella Dunn, being present and directed the entry of the above order.