In Re Zbiegien

433 N.W.2d 871, 1988 Minn. LEXIS 298, 1988 WL 136717
CourtSupreme Court of Minnesota
DecidedDecember 23, 1988
DocketC1-88-509
StatusPublished
Cited by13 cases

This text of 433 N.W.2d 871 (In Re Zbiegien) 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 Zbiegien, 433 N.W.2d 871, 1988 Minn. LEXIS 298, 1988 WL 136717 (Mich. 1988).

Opinions

[872]*872PER CURIAM.

Petitioner, John A. Zbiegien, appeals from a recommendation of the State Board of Law Examiners that he not be admitted to the Bar of Minnesota because he had failed to prove that he possesses the requisite character and fitness to be so admitted. Our review of the record before us does not persuade us that petitioner must be barred from the practice of law for lack of character. We direct the Board to recommend his admission.

Petitioner was a fourth year student at William Mitchell College of Law when' he enrolled in a products liability seminar taught by Professor Michael Steenson. The requirements for the class included a research paper, to be submitted in two drafts. Petitioner chose the topic, “Accident Prevention in Products Liability Litigation.”

Petitioner submitted the first draft of his paper on November 11, 1986. The paper was plagiarized in large part from the works of other authors. Nearly all of the first 12 pages were taken verbatim or nearly verbatim from a number of law review articles without proper citation in the end-notes. In addition, some endnotes were taken from other sources in such a way as to give the appearance that they were petitioner’s own work. Several other portions of the paper were paraphrased or had words or phrases omitted or substituted for the originals as they appeared in various published sources. Again, no proper citation was given.

The paper, as submitted, was a violation of the academic rules at William Mitchell, as well as basic academic and law school standards.

On December 5, 1986, petitioner kept a scheduled appointment with Professor Steenson to discuss the paper. At that time, Steenson succinctly informed him that the paper was unacceptable because it was plagiarized and that Steenson was recommending he be expelled from William Mitchell. In a subsequent interview with Associate Dean, Matthew Downs, petitioner was informed that he would receive a course grade of “F” and that he would lose credit and tuition for the course but he would be permitted to remain in school.

Petitioner did not deny the plagiarism in his conversation with Dean Downs. When asked for an explanation of the circumstances, he replied that he had been under stress of time pressures, that he had just begun a new job, and that his wife had been injured in an automobile accident, causing additional stress at home. In a letter to petitioner dated four days later, summarizing the conversation, Downs stated: “I appreciated your candor * * *, and I believe that it [the plagiarism] is conduct that will not be repeated.”

Petitioner did not appeal the sanction.

On April 15, 1987, petitioner submitted his application for admission to the Minnesota Bar. In response to the question, “Where you ever placed on probation, disciplined, dropped, suspended, or expelled from school, college, university or law school?,” Petitioner furnished the following explanation:

Applicant submitted a paper in partial fulfillment of the requirements of a Product Liability Seminar under the direction of Professor Michael Steenson. The paper, a first draft, was submitted on November 11, 1986. Applicant was notified on December 5, 1986, that the paper was unacceptable because of end-noting omissions. It was pointed out to the applicant that no authority had been cited for a lengthly [sic] direct quote and other endnotes were incomplete. Applicant subsequently received an F grade for the class, no other action was taken. Dean of Students, Matthew Downs, found that the paper defects were ones of omission rather than intent. Applicant admits his failure to scrutinize the papers [sic] content due to family problems (Wife totally disabled in auto accident) and new job pressures.
[873]*873The applicant was unaware of computer problems that was causing text and end-noting problems until a second paper was due in fulfillment of another class on November 26, 1986. On that date, the applicant submitted a letter to that professor, along with a copy of the paper indicating the endnoting problems. The professor allowed the applicant to reprint the paper.
Unable to correct the printing problems, the applicant was forced to purchase a new printer on December 4, 1986. All this occurred prior to applicant’s notification of problems with the first paper. If necessary, the applicant will make himself available for a personal interview at the Board’s convenience.

Petitioner also disclosed four minor traffic violations and a voluntary petition in bankruptcy “in connection with an agricultural business unable to diversify during the farming crisis” in 1979.1

Petitioner was permitted by the Board to take the Minnesota Bar Examination in July 1987, with admission conditioned upon his subsequent proof of the requisite character and fitness. He received a passing score.

On September 11, 1987, petitioner met with the committee on Character and Fitness of the Board of Law Examiners, and on November 20, 1987, a formal hearing was held. Petitioner testified, as did his wife, Judy, and three character witnesses. Professor Steenson and Dean Downs also testified.

At the hearing, petitioner stated that he had not finished high school but had completed his GED while in the army. He had then gone on to night classes at two community colleges in Iowa where he received his bachelor’s degree. Both his military record and his previous academic record were unblemished.

Petitioner also testified at length about the problems he had had with his computer, to which he attributed some of the flaws in the paper. He admitted the extensive plagiarism, however, both in the form of direct quotes not properly indented and footnoted and paraphrased passages not appropriately credited to the original sources.

Both petitioner and his wife described her health problems, which caused her to be confined to the house, under heavy medication, unable to work, and unable to do household chores. She had done the typing of the paper on a computer using unfamiliar software. Neither had actually proofread the paper, although both had apparently glanced through the text. No copy was saved.

The computer problems had apparently been discovered when another paper for another class had been prepared. Petitioner had called the computer software company several times during the preparation of that paper and had finally concluded that the printer would not support the word processing functions of the new software. The purchase of a new printer had solved the problems with indenting and footnoting but not before the second paper had been submitted. Petitioner had reprinted that paper.

These events occurred prior to petitioner’s meetings with Steenson and Downs on December 5, but petitioner testified that he did not think of the computer problems in relation to the Steenson paper at that time. He did not review the paper then and indeed, did not see a copy until after his meeting with the Committee on Character and Fitness. He explained that he was ashamed and merely wanted to put the incident behind him.

Family problems contributed to petitioner’s dilemma. On the Thursday before the paper was due, petitioner’s 16-year-old son had run away from home. He returned on the following Saturday, but his parents had to address his truancy at the school on Monday, and he was suspended from school for three days.

[874]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Prior Lake American v. Mader
642 N.W.2d 729 (Supreme Court of Minnesota, 2002)
Iowa Supreme Court Board of Professional Ethics & Conduct v. Lane
642 N.W.2d 296 (Supreme Court of Iowa, 2002)
In Re Cunningham
502 N.W.2d 53 (Supreme Court of Minnesota, 1993)
In Matter of Bar Admission of Altshuler
490 N.W.2d 1 (Wisconsin Supreme Court, 1992)
Dolan v. State Board of Law Examiners
483 N.W.2d 64 (Supreme Court of Minnesota, 1992)
Petition of Bellino
478 N.W.2d 507 (Supreme Court of Minnesota, 1991)
Petition of Noske
470 N.W.2d 116 (Supreme Court of Minnesota, 1991)
Petition of Brown
467 N.W.2d 622 (Supreme Court of Minnesota, 1991)
In Re Zbiegien
433 N.W.2d 871 (Supreme Court of Minnesota, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
433 N.W.2d 871, 1988 Minn. LEXIS 298, 1988 WL 136717, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-zbiegien-minn-1988.