In Re Petition for DISCIPLINARY ACTION AGAINST Lynne A. TORGERSON, a Minnesota Attorney, Registration No. 208322

870 N.W.2d 602, 2015 Minn. LEXIS 580, 2015 WL 6160676
CourtSupreme Court of Minnesota
DecidedOctober 21, 2015
DocketA13-2305
StatusPublished
Cited by13 cases

This text of 870 N.W.2d 602 (In Re Petition for DISCIPLINARY ACTION AGAINST Lynne A. TORGERSON, a Minnesota Attorney, Registration No. 208322) 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 Petition for DISCIPLINARY ACTION AGAINST Lynne A. TORGERSON, a Minnesota Attorney, Registration No. 208322, 870 N.W.2d 602, 2015 Minn. LEXIS 580, 2015 WL 6160676 (Mich. 2015).

Opinion

OPINION

PER CURIAM.

The Director of the Office of Lawyers Professional Responsibility filed a petition for disciplinary action against Lynne Tor-gerson in December 2013, alleging professional misconduct arising out of five client matters and a disciplinary proceeding involving another attorney. The petition alleged that Torgerson .made false statements, disobeyed a court order, acted belligerently toward á judge and court staff, engaged in conduct prejudicial to the administration of justice, and used a retainer agreement that required a client to pay a nonrefundable flat fee. Following *606 an evidentiary hearing, the referee found that Torgerson had committed the alleged misconduct. The referee recommended a public reprimand for Torgerson.

In her appeal, Torgerson challenges nearly all of the referee’s findings of fact and conclusions of law. We conclude that the referee’s findings and conclusions regarding Torgerson’s misconduct are not clearly erroneous. We do not credit two of the four mitigating factors recognized by the referee, however, because they do not qualify as mitigation. Due to the nature and severity of Torgerson’s misconduct, we conclude that the appropriate discipline is a 60-day suspension from the practice of law.

I.

Torgerson was admitted to practice law in Minnesota in 1990. She has not been subject to prior discipline. We begin by summarizing the referee’s findings of fact and conclusions of law.

KB. Matter

Torgerson represented K.B. in a criminal matter in Ramsey County District Court. During trial, but outside the presence of the jury, Torgerson accused the judge of attempting to “intentionally prejudice [her] in the eyes of the jury.” When jury deliberations began, the judge asked counsel for both sides to “be available within 10 minutes of a phone call.... [I]f there are questions from the jury, I’ll have all of you come back to the courtroom, hear the question, and we’ll discuss what [the] response might be.” Torgerson did not follow the judge’s instructions, but instead began driving to Minneapolis to conduct an interview. When the jury sent a note to the judge revealing that it had received a document that neither party had admitted into evidence, the judge had his law clerk contact the attorneys. The law clerk asked Torgerson to return to court, but she refused the request, stating that she would not come back unless she received additional information. The clerk then placed the judge on the telephone, but Torgerson continued to request additional information before she would consider returning to the courthouse. When court resumed the next morning, the judge declared a mistrial. The judge then held Torgerson in direct and constructive contempt of court and fined her $250, which she timely paid. 1 Due to Torgerson’s lack of compliance with the judge’s requests, the jury reported to the courthouse for an unnecessary day of service.

Torgerson filed various pleadings after the trial alleging that the judge was biased, that another attorney had told her that the judge was treating her poorly for “political reasons,” that “the judge’s goal was to make [her] look bad in front of the jury,” and that “[the judge] was trying to set [her] up.” The referee found that Tor-gerson made these statements with knowledge that they were false or with reckless disregard of their truth.

The referee concluded that Torgerson’s statement at trial and her statements in the post-trial filings violated Rules 3.5(h) 2 and 8.2(a) 3 of the Minnesota Rules of Pro *607 fessional Conduct (“MRPC”). The referee also determined that Torgerson’s failure to return to court, and her behavior on the telephone with the judge and his clerk, violated Rules 3.4(c), 4 3.5(h), and 8.4(d), 5 MRPC. Finally, the referee agreed with the Director that Torgerson’s post-trial filings violated Rules 4.1, 6 8.2(a), and 8.4(c), 7 MRPC.

RS. Matter

Torgerson represented R.S. in an ex-pungement proceeding. Torgerson filed a petition for expungement on behalf of her client, but she did not file a certificate of representation. See Minn. Gen. R. Prac. 104 (requiring the filing of a certificate of representation when an action is commenced). Due to Torgerson’s failure to file the certificate, the Stearns County District Court failed to notify her when it changed R.S.’s hearing date.

While on her way to the courthouse, Torgerson called to inform court staff that she was running late. When court staff told her the court had rescheduled the hearing to a later date, Torgerson responded by “yelling and screaming” at two different staff members. One of the staff members notified the judge about Torger-son’s call, which caused the judge to offer to recess his current trial and hear R.S.’s petition that afternoon. When the staff member called Torgerson to inform her of the judge’s proposal, Torgerson responded by yelling at the staff member again.

The referee concluded that Torgerson’s conduct violated Rules 4.4(a) 8 and 8.4(d), MRPC.

W.W. Matter

Torgerson represented W.W. in a criminal matter in Freeborn County. The State identified C.F., a Freeborn County deputy sheriff, as a potential witness in the case and stated that he had no criminal record. However, C.F. had previously pleaded guilty to disorderly conduct, Minn. Stat. § 609.72, subd. 3 (2014), for sexually touching his 18-year-old adopted son. Torgerson filed disciplinary complaints with the Office of Lawyers Professional Responsibility (“OLPR”) against the prosecutors in W.W.’s case, County Attorney C.N. and Assistant County Attorney D.W., alleging that the two of them had filed a false pleading and had engaged in other misconduct while litigating W.W.’s case. We discuss those disciplinary proceedings further below.

During a hearing in W.W.’s case, Tor-gerson alleged that the prosecutors had knowledge of a “deal” reached in C.F.’s criminal case. The referee found that Tor-gerson’s statement was false, because the Attorney General’s office, not the Freeborn County prosecutors, had handled the criminal case against C.F. Later, Torger- *608 son and D.W. exchanged a series of hostile emails. In one of those emails, Torgerson stated that D.W. was “consistently a liar and unethical” and had “[l]ied and protected a pedophile.”

The referee concluded that Torgerson’s conduct violated Rules 4.4(a) and 8.4(d), MRPC, and that Torgerson’s statement at the hearing violated Rules 4.1 and 8.4(c), MRPC.

S.T. Matter

Torgerson represented S.T.- in a criminal matter in Freeborn County. During a contentious omnibus hearing, Torgerson interrupted the judge multiple times.

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870 N.W.2d 602, 2015 Minn. LEXIS 580, 2015 WL 6160676, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-petition-for-disciplinary-action-against-lynne-a-torgerson-a-minn-2015.