In re Petition for Disciplinary Action against Jon Elton Stanek, a Minnesota Attorney, Registration No. 388792.
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STATE OF MINNESOTA
IN SUPREME COURT
A12-0525
In re Petition for Disciplinary Action against
Jon Elton Stanek, a Minnesota Attorney,
Registration No. 388792.
ORDER
By order filed on November 26, 2012, we suspended respondent Jon Elton Stanek
from the practice of law for a minimum of 30 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 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:
(a)
Respondent shall cooperate fully with the Director’s Office in its
efforts to monitor compliance with his probation and promptly respond to
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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 that
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 maintain total abstinence from alcohol and other
mood-altering chemicals, except that respondent may use prescription
drugs in accordance with the directions of a prescribing physician who is
fully advised of respondent’s chemical dependency before issuing the
prescription;
(d)
Respondent shall complete any aftercare treatment that may be
recommended or prescribed by the intensive outpatient program he is
currently participating in;
(e)
Respondent shall attend at least three weekly meetings each week of
Alcoholics Anonymous, Narcotics Anonymous or another support program
acceptable to the Director. Respondent shall, by the tenth day of each
month, without a specific reminder request, submit to the Director an
attendance verification on a form provided by the Director, which
provides the name, address and telephone number of the person personally
verifying the attendance. Such attendance verification shall also, upon
request, be provided to the respondent’s supervisor, if any;
(f)
Respondent shall, at his own expense, no more than four times per
month, submit to random urinalysis for drug screening at a facility
approved by the Director and shall direct the drug screening facility to
provide the results of all urinalysis testing to the Director’s Office. If,
after one year, all such tests have been negative, then the frequency
of the random tests may be reduced. Respondent shall cooperate with the
phone-in program established by the Director for the random test. Any
failure to phone in in accordance with the random test program shall be
considered the same as receipt of a positive test result. Any positive test
result will be grounds for revoking this probation;
(g)
Respondent shall be supervised by a licensed Minnesota attorney
appointed by the Director to monitor compliance with the terms of this
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probation. Respondent shall provide to the Director the names of four
attorneys who have agreed to be nominated as respondent’s supervisor
within two weeks from the date of the court’s order. If, after diligent effort,
respondent is unable to locate a supervisor acceptable to the Director, the
Director will seek to appoint a supervisor; and
(h)
Respondent shall cooperate fully with the supervisor in his or her
efforts to monitor compliance with his probation. Respondent shall contact
the supervisor and schedule a minimum of one in-person meeting per
calendar quarter. Respondent shall fully disclose to the supervisor in
writing whether he has remained abstinent from alcohol and other mindaltering drugs and shall inform the supervisor in writing of all treatment
efforts he has participated in and all recommendations made by treatment
providers. Respondent’s supervisor shall file written reports with the
Director at least quarterly, or at such more frequent intervals as may
reasonably be requested by the Director.
2.
By November 26, 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: February 12, 2013
BY THE COURT:
/s/
Alan C. Page
Associate Justice
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