In Re Petition for DISCIPLINARY ACTION AGAINST John G. HOESCHLER, a Minnesota Attorney

Supreme Court of Minnesota

In Re Petition for DISCIPLINARY ACTION AGAINST John G. HOESCHLER, a Minnesota Attorney

872 N.W.2d 261

Supreme Court of Minnesota·Decided December 16, 2015·No. A15-1710·Published

Opinion

ORDER

The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent John G. Hoeschler committed professional misconduct warranting public discipline — namely, filing and settling *262 property tax appeals without the permisr sion of the property owners. See Minn. R. Prof. .Conduct 3.3(a)(1), 8.4(c), 8.4(d). In a stipulation for discipline,- respondent unconditionally admitted the allegations of the petition; waived his procedural rights under Rule 14, Rules on Lawyers Professional Responsibility (RLPR); and with the Director recommended that the appropriate discipline is a public reprimand. In the stipulation for discipline, the Director indicated that a public reprimand is the appropriate discipline in light of evidence of mitigating factors present in this case.

Respondent’s misconduct includes making knowingly false statements to the tax court. [W]e have suspended attorneys for misrepresentations made to our judicial officers. In re Jensen, 542 N.W.2d 627, 634. (Minn.1996); see also In re Michael, 836 N.W.2d 753, 762-67 (Minn.2013) (30-day suspension for making a false statement to a court, disobeying a court order, making a frivolous argument, and improperly accusing a judge of bias); In re Warpeha, 802 N.W.2d 361, 361 (Minn.2011) (order) (60-day suspension for making a false statement about the attorney’s criminal history during voir dire when he was a potential juror)'; In re Van Liew, 712 N.W.2d 758, 758 (Minn.2006) (order) (90-day suspension for making a false statement to a tribunal and failing to file opposition to a motion); In re Scott, 657 N.W.2d 567, 568 (Minn.2003) (order) (30-day suspension for making false statements to a court in attorney’s divorce and custody proceeding).

The court has independently reviewed the file and, in -light of the evidence of mitigating factors, approves the- recommended disposition.

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

IT IS HEREBY ORDERED THAT:

1. Respondent John. G.- Hoeschler is publicly reprimanded; and

2. Respondent shall pay $900 in costs pursuant to Rule 24, RLPR.

BY THE COURT:

/s/-— David R. Stras Associate Justice

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ORDER

The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent John G. Hoeschler committed professional misconduct warranting public discipline — namely, filing and settling *262 property tax appeals without the permisr sion of the property owners. See Minn. R. Prof. .Conduct 3.3(a)(1), 8.4(c), 8.4(d). In a stipulation for discipline,- respondent unconditionally admitted the allegations of the petition; waived his procedural rights under Rule 14, Rules on Lawyers Professional Responsibility (RLPR); and with the Director recommended that the appropriate discipline is a public reprimand. In the stipulation for discipline, the Director indicated that a public reprimand is the appropriate discipline in light of evidence of mitigating factors present in this case.

Respondent’s misconduct includes making knowingly false statements to the tax court. [W]e have suspended attorneys for misrepresentations made to our judicial officers. In re Jensen, 542 N.W.2d 627, 634. (Minn.1996); see also In re Michael, 836 N.W.2d 753, 762-67 (Minn.2013) (30-day suspension for making a false statement to a court, disobeying a court order, making a frivolous argument, and improperly accusing a judge of bias); In re Warpeha, 802 N.W.2d 361, 361 (Minn.2011) (order) (60-day suspension for making a false statement about the attorney’s criminal history during voir dire when he was a potential juror)'; In re Van Liew, 712 N.W.2d 758, 758 (Minn.2006) (order) (90-day suspension for making a false statement to a tribunal and failing to file opposition to a motion); In re Scott, 657 N.W.2d 567, 568 (Minn.2003) (order) (30-day suspension for making false statements to a court in attorney’s divorce and custody proceeding).

The court has independently reviewed the file and, in -light of the evidence of mitigating factors, approves the- recommended disposition.

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

IT IS HEREBY ORDERED THAT:

1. Respondent John. G.- Hoeschler is publicly reprimanded; and

2. Respondent shall pay $900 in costs pursuant to Rule 24, RLPR.

BY THE COURT:

/s/-— David R. Stras Associate Justice

In Re Petition for DISCIPLINARY ACTION AGAINST John G. HOESCHLER, a Minnesota Attorney, 872 N.W.2d 261 (Mich. 2015).

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