In re Petition for Disciplinary Action against Alan Richard StewartAnnotate this Case
In a reciprocal discipline case, the identical discipline in Minnesota to “exclusion from practice” before the U.S. Patent and Trademark Office (USPTO) is an indefinite suspension from the practice of law with no right to petition for reinstatement for a minimum of five years.
In this case, the USPTO imposed on Alan Stewart, a Minnesota attorney, what its regulations call “exclusion from practice” for misappropriating unearned fees, among other things. The Director of the Office of Lawyers Professional Responsibility petitioned to impose reciprocal discipline in Minnesota and argued that the identical discipline in Minnesota was disbarment. The Supreme Court indefinitely suspended Stewart with no right to petition for reinstatement for a minimum of five years, holding that the USPTO’s discipline procedures were fundamentally fair and that a five-year suspension would not be unjust or substantially different from the discipline warranted in Minnesota.