In re Petition for Disciplinary Action against Barbara Ann Nimis, a Minnesota Attorney, Registration No. 235428.
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STATE OF MINNESOTA
June 26, 2013
IN SUPREME COURT
A11-1279
In re Petition for Disciplinary Action against
Barbara Ann Nimis, a Minnesota Attorney,
Registration No. 235428.
ORDER
By order filed on May 3, 2012, we suspended respondent Barbara Ann Nimis from
the practice of law for a minimum of 30 days. In re Nimis, 812 N.W.2d 830, 831 (Minn.
2012) (order). Our order expressly stated that within one year of the date of the filing of
the order, respondent was required to file with the Clerk of Appellate Courts proof of her
successful completion of the professional responsibility portion of the state bar
examination (MPRE) and that failure to do so would result in automatic re-suspension,
pending successful completion of the examination, pursuant to Rule 18(e)(3), Rules on
Lawyers Professional Responsibility (RLPR). In re Nimis, 812 N.W.2d at 832.
We conditionally reinstated respondent on June 19, 2012.
In re Nimis, 816
N.W.2d 479, 479 (Minn. 2012) (order). The court’s order reinstating respondent repeated
the requirement that by May 3, 2013, respondent had to file with the Clerk of Appellate
Courts proof of successful completion of the MPRE and that failure to do so would result
in automatic re-suspension, pending successful completion of the examination. Id.
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Rule 18(e)(3), RLPR, provides that, unless waived by this court, a lawyer who has
been suspended for 90 days or less “must, within one year from the date of the
suspension order, successfully complete such written examination” for the professional
responsibility portion of the state bar examination. “Except upon motion and for good
cause shown, failure to successfully complete this examination shall result in automatic
suspension of the lawyer effective one year after the date of the original suspension
order.” Id.
Respondent did not provide this court with proof by May 3, 2013, that she
successfully passed the MPRE. By order dated May 16, 2013, the court gave respondent
10 days to file proof of cause why she should not be immediately suspended pending her
successful completion of the MPRE. In re Nimis, A11-1279, Order at 1-2 (Minn. filed
May 16, 2013). This order stated that if no proof of cause was filed within 10 days,
Nimis “shall be immediately suspended without further notice or proceedings.” Id. at 2.
Nimis did not respond to the court’s May 16 order to show cause.
Based on all the files, records, and proceedings herein,
IT IS HEREBY ORDERED that respondent Barbara Ann Nimis’s conditional
reinstatement is revoked and that she is indefinitely suspended, effective 10 days from the
date of the filing of this order. Respondent shall comply with Rule 26, RLPR (requiring
notice of suspension to clients, opposing counsel, and tribunals). Respondent may apply
for reinstatement under Rule 18(f), RLPR, by filing with the Clerk of Appellate Courts
and the Director of the Office of Lawyers Professional Responsibility proof that she has
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received a passing score on the professional responsibility portion of the state bar
examination.
Dated: June 26, 2013
BY THE COURT:
/s/
Alan C. Page
Associate Justice
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