In re Petition for Disciplinary Action against John D. Ellenbecker, a Minnesota Attorney, Registration No. 13465X.
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STATE OF MINNESOTA
IN SUPREME COURT
A12-0333
In re Petition for Disciplinary Action against
John D. Ellenbecker, a Minnesota Attorney,
Registration No. 13465X.
ORDER
By order filed on December 17, 2012, we suspended respondent John D.
Ellenbecker from the practice of law for a minimum of 90 days, effective 14 days from
the date of the filing of the order. Respondent has filed an affidavit seeking reinstatement
in which he stated that he has fully complied with the terms of the suspension order,
except for successful completion of the professional responsibility portion of the state bar
examination. The Director of the Office of Lawyers Professional Responsibility does not
oppose the request.
Based upon all the files, records, and proceedings herein,
IT IS HEREBY ORDERED THAT:
1.
Respondent John D. Ellenbecker is conditionally reinstated to the practice
of law in the State of Minnesota, subject to his successful completion of the professional
responsibility portion of the state bar examination, and is placed on disciplinary probation
for two years subject to the following terms and conditions:
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(a)
Respondent shall cooperate fully with the Director’s Office in its
efforts to monitor compliance with his probation and promptly respond to
the Director’s correspondence by the due date. Respondent shall provide
the Director with a current mailing address and shall immediately notify the
Director of any change of address. Respondent shall cooperate with the
Director’s investigation of any allegations of unprofessional conduct which
may come to the Director’s attention. Upon the Director’s request,
respondent shall provide authorization for release of information and
documentation to verify compliance with the terms of this probation;
(b)
Respondent shall abide by the Minnesota Rules of Professional
Conduct;
(c)
Respondent shall be supervised by a licensed Minnesota attorney,
appointed by the Director to monitor compliance with the terms of this
probation. Within two weeks from the date of filing of this order,
respondent shall provide the Director with the names of three attorneys who
have agreed to be nominated as respondent’s supervisor. If, after diligent
effort, respondent is unable to locate a supervisor acceptable to the
Director, the Director shall seek to appoint a supervisor. Until a supervisor
has signed a consent to supervise, respondent shall on the first day of each
month provide the Director with an inventory of client files as described in
paragraph (d) below. Respondent shall make active client files available to
the Director upon request;
(d)
Respondent shall cooperate fully with the supervisor’s efforts to
monitor compliance with this probation. Respondent shall contact the
supervisor and schedule a minimum of one in-person meeting per calendar
quarter. Respondent shall submit to the supervisor an inventory of all
active client files by the first day of each month during the probation. With
respect to each active file, the inventory shall disclose the client name, type
of representation, date opened, most recent activity, next anticipated action,
and anticipated closing date. Respondent’s supervisor shall file written
reports with the Director at least quarterly, or at such more frequent
intervals as the Director may reasonably request;
(e)
Respondent shall initiate and maintain office procedures that ensure
that there are prompt responses to correspondence, telephone calls, and
other important communications from clients, courts, and other persons
interested in matters that respondent is handling and that will ensure that
respondent regularly reviews each and every file and completes legal
matters on a timely basis; and
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(f)
Respondent shall maintain law office and trust account books and
records in compliance with Minn. R. Prof. Conduct, 1.15 and Appendix 1
thereto. These books and records include the following: client subsidiary
ledger, checkbook register, monthly trial balances, monthly trust account
reconciliation, bank statements, canceled checks, duplicate deposit slips
and bank reports of interest, service charges and interest payments to the
Minnesota IOLTA Program. Such books and records shall be made
available to the Director within 30 days from the filing of the court’s order
and thereafter shall be made available to the Director and respondent’s
supervisor at such intervals as they deem necessary to determine
compliance.
2.
By December 17, 2013, respondent shall comply with Rule 18(e)(3), Rules
on Lawyers Professional Responsibility (RLPR), by filing with the Clerk of Appellate
Courts and serving upon the Director proof of respondent’s successful completion of the
professional responsibility portion of the state bar examination. Failure to do so shall
result in automatic re-suspension pending proof of successful completion of the
examination, pursuant to Rule 18(e)(3), RLPR.
Dated: April 10, 2013
BY THE COURT:
/s/
Alan C. Page
Associate Justice
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