Judicial Conduct Commission v. Tessmann

North Dakota Supreme Court

Judicial Conduct Commission v. Tessmann

2002 ND 15, 638 N.W.2d 883, 2002 N.D. LEXIS 15

CourtNorth Dakota Supreme Court

DecidedJanuary 22, 2002

Docket20020009

StatusPublished

Cited by1 cases

This text of 2002 ND 15 (Judicial Conduct Commission v. Tessmann) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Judicial Conduct Commission v. Tessmann, 2002 ND 15, 638 N.W.2d 883, 2002 N.D. LEXIS 15 (N.D. 2002).

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Opinion

PER CURIAM.

[¶ 1] This is a disciplinary proceeding against Myron Tessmann who was serving as a municipal court judge in Burlington, North Dakota, at the commencement of formal proceedings. Tessmann has since resigned his position.

[¶ 2] On January 8, 2002, under Rule 14, Rules of the Judicial Conduct Commission, a Hearing Panel of the Judicial Conduct Commission submitted an Agreement signed by Paul W. Jacobson, Disciplinary Counsel, and Tessmann, and an Affidavit of Consent signed by Tessmann.

[¶ 3] In the Affidavit, Tessmann admitted to presiding over municipal court while smelling of an alcoholic beverage on a number of occasions, including, on or about November 9, 1999, July 3, 2001, July 17, 2001, and September 25, 2001. Tessmann further admitted his conduct violated Canon 2, North Dakota Code of Judicial Conduct, which provides “A Judge Shall Avoid Impropriety and the Appearance of Impropriety in All of the Judge’s Activities”. Additionally, Tessmann agreed to a sanction of censure by the Supreme Court and the limitation of not serving in the future as a municipal judge. The Hearing Panel accepted the Agreement and Tessmann’s Affidavit.

[¶4] Under R. Jud. Conduct Comm. 14(C), the respondent is required to sign an Affidavit indicating the respondent consents to the sanction, the consent is freely and voluntarily rendered, there is presently pending a proceeding involving allegations of misconduct, and the facts set forth in the affidavit are true. The Affidavit filed by Tessmann meets these requirements. Under R. Jud. Conduct Comm. 14(D), the Supreme Court must either reject the agreement or enter the order disciplining the respondent.

[¶ 5] ORDERED, the Agreement signed by Disciplinary Counsel and Myron Tessmann and the Affidavit of Tessmann are accepted; and

[¶ 6] IT IS FURTHER ORDERED, Myron Tessmann is censured for his violation of N.D.Code Jud. Conduct Canon 2, and is prohibited from serving as a municipal judge.

[¶ 7] Dated at Bismarck, North Dakota, January 16, 2002.

[¶ 8] GERALD W. VANDEWALLE, C.J., and CAROL RONNING KAPSNER, MARY MUEHLEN MARING, WILLIAM A. NEUMANN and DALE V. SANDSTROM, JJ., concur.

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PER CURIAM.

[¶ 1] This is a disciplinary proceeding against Myron Tessmann who was serving as a municipal court judge in Burlington, North Dakota, at the commencement of formal proceedings. Tessmann has since resigned his position.

[¶ 2] On January 8, 2002, under Rule 14, Rules of the Judicial Conduct Commission, a Hearing Panel of the Judicial Conduct Commission submitted an Agreement signed by Paul W. Jacobson, Disciplinary Counsel, and Tessmann, and an Affidavit of Consent signed by Tessmann.

[¶ 3] In the Affidavit, Tessmann admitted to presiding over municipal court while smelling of an alcoholic beverage on a number of occasions, including, on or about November 9, 1999, July 3, 2001, July 17, 2001, and September 25, 2001. Tessmann further admitted his conduct violated Canon 2, North Dakota Code of Judicial Conduct, which provides “A Judge Shall Avoid Impropriety and the Appearance of Impropriety in All of the Judge’s Activities”. Additionally, Tessmann agreed to a sanction of censure by the Supreme Court and the limitation of not serving in the future as a municipal judge. The Hearing Panel accepted the Agreement and Tessmann’s Affidavit.

[¶4] Under R. Jud. Conduct Comm. 14(C), the respondent is required to sign an Affidavit indicating the respondent consents to the sanction, the consent is freely and voluntarily rendered, there is presently pending a proceeding involving allegations of misconduct, and the facts set forth in the affidavit are true. The Affidavit filed by Tessmann meets these requirements. Under R. Jud. Conduct Comm. 14(D), the Supreme Court must either reject the agreement or enter the order disciplining the respondent.

[¶ 5] ORDERED, the Agreement signed by Disciplinary Counsel and Myron Tessmann and the Affidavit of Tessmann are accepted; and

[¶ 6] IT IS FURTHER ORDERED, Myron Tessmann is censured for his violation of N.D.Code Jud. Conduct Canon 2, and is prohibited from serving as a municipal judge.

[¶ 7] Dated at Bismarck, North Dakota, January 16, 2002.

[¶ 8] GERALD W. VANDEWALLE, C.J., and CAROL RONNING KAPSNER, MARY MUEHLEN MARING, WILLIAM A. NEUMANN and DALE V. SANDSTROM, JJ., concur.

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2002 ND 15, 638 N.W.2d 883, 2002 N.D. LEXIS 15, Counsel Stack Legal Research, https://law.counselstack.com/opinion/judicial-conduct-commission-v-tessmann-nd-2002.

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