In Re Disciplinary Action Against Schmitt

Supreme Court of Minnesota

In Re Disciplinary Action Against Schmitt

712 N.W.2d 179, 2006 Minn. LEXIS 201, 2006 WL 871576

CourtSupreme Court of Minnesota

DecidedApril 3, 2006

DocketA04-1072

StatusPublished

This text of 712 N.W.2d 179 (In Re Disciplinary Action Against Schmitt) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In Re Disciplinary Action Against Schmitt, 712 N.W.2d 179, 2006 Minn. LEXIS 201, 2006 WL 871576 (Mich. 2006).

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Opinion

ORDER

The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action and an amended and supplementary petition for disciplinary action alleging that respondent Martha G. Schmitt has committed professional misconduct warranting public discipline, namely, misappropriation of funds from clients and her employer in five separate matters and making false statements and submitting false documentation to the court to conceal the misappropriations, in violation of Minn. R. Prof. Conduct 3.3(a)(4), 4.1, 8.4(b), (c) and (d). At least one of the clients was a vulnerable adult. Respondent was convicted of theft by swindle of an amount greater than $35,000 as a result of the misappropriations.

The parties have entered into a stipulation in which respondent unconditionally admits the allegations in the petition and waives her rights pursuant to Rule 14, Rules on Lawyers Professional Responsibility (RLPR). The parties recommend that the appropriate discipline is disbarment and payment of $900 in costs under Rule 24, RLPR.

This court has independently reviewed the file and approves the jointly recommended disposition.

Based upon all the files, records, and proceedings herein,

IT IS HEREBY ORDERED that, effective immediately, respondent Martha G. Schmitt is disbarred. Respondent shall pay $900 in costs pursuant to Rule 24, RLPR.

BY THE COURT:

Helen M. Meyer Associate Justice

GILDEA, J., took no part in the consideration or decision of this case.

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ORDER

The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action and an amended and supplementary petition for disciplinary action alleging that respondent Martha G. Schmitt has committed professional misconduct warranting public discipline, namely, misappropriation of funds from clients and her employer in five separate matters and making false statements and submitting false documentation to the court to conceal the misappropriations, in violation of Minn. R. Prof. Conduct 3.3(a)(4), 4.1, 8.4(b), (c) and (d). At least one of the clients was a vulnerable adult. Respondent was convicted of theft by swindle of an amount greater than $35,000 as a result of the misappropriations.

The parties have entered into a stipulation in which respondent unconditionally admits the allegations in the petition and waives her rights pursuant to Rule 14, Rules on Lawyers Professional Responsibility (RLPR). The parties recommend that the appropriate discipline is disbarment and payment of $900 in costs under Rule 24, RLPR.

This court has independently reviewed the file and approves the jointly recommended disposition.

Based upon all the files, records, and proceedings herein,

IT IS HEREBY ORDERED that, effective immediately, respondent Martha G. Schmitt is disbarred. Respondent shall pay $900 in costs pursuant to Rule 24, RLPR.

BY THE COURT:

Helen M. Meyer Associate Justice

GILDEA, J., took no part in the consideration or decision of this case.

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Bluebook (online)

712 N.W.2d 179, 2006 Minn. LEXIS 201, 2006 WL 871576, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-disciplinary-action-against-schmitt-minn-2006.