Public Notice Detail

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Public Input Sought for the Rules on Lawyers Professional Responsibility

Posted: Monday, April 15, 2024

The Minnesota Supreme Court is responsible for lawyer discipline proceedings and the rules that govern those proceedings. In 2022, the court asked the American Bar Association (ABA) to evaluate and provide recommendations regarding that disciplinary system. After the ABA issued its report later in 2022, the Supreme Court issued an order dated August 23, 2023, which adopted – with various modifications – many of the ABA’s recommendations.
 
Included among the broad changes the court directed: 
 

• Creation of a diversion program, which can serve as an alternative to discipline in cases of isolated, nonserious misconduct through skill improvement or management of a behavioral health issue;
• Streamlined process and clarified definitions involved with the determination that public disciplinary charges may proceed; and
• Improved procedures related to reinstatement requests by lawyers suspended from the practice of law because of previous disciplinary action.

Because the decisions regarding changes to the disciplinary system require amendments to the Rules on Lawyers Professional Responsibility, the Minnesota Supreme Court appointed an Advisory Committee to develop recommendations for rule amendments to implement the decisions established in the court’s August 23, 2023, order.  That Advisory Committee now seeks public input regarding its recommendations to the Supreme Court, which are due at the end of June 2024.  This input will inform the committee’s report to the court but will not replace any public comment periods the Supreme Court may establish once it receives the Advisory Committee’s recommendations.
 
The Advisory Committee will accept both written and oral input, from lawyers and the general public.  Written input may be submitted using the RLPR Public Input form, which requests both input on specific questions and general comments. Written input may be provided until 5:00 p.m. on Monday, June 3, 2024.
 
Oral input may be provided via Zoom at a public input meeting scheduled for May 6, 2024, from 12:30 to 2:30 p.m. To speak at the May 6 meeting, complete the RLPR Public Input form, select “Yes” under the question “Would you like to speak via Zoom at the May 6^th meeting?”, and provide a short explanation of what topics and issues the oral input will address.  Requests to speak are due by 5:00 p.m. on Monday, April 29, 2024.  Any requests submitted after that date and time will not be considered.