#4

Second, I am entitled to a name clearing hearing.

Public employees whose names are besmirched are entitled to such a hearing. Equal protection demands that I be as well.

Instead of submitting written appraisals of whether lawyer should be reinstated to the director, lawyers, judges, clients, members of the public should be permitted to appear in person. I am submitting this in a more-than-state-wide publication (this blog). Anyone responding to this summons and soliciation, will be absolutely immune, their comments absolutely privileged, and they will be invited to present evidence.

I’ve re-crafted the language from the Minnesota Rules of Professional Responsiblity, below, to fit this situation. This recrafting of a state statute was done in State v. Crawley; I see no reason why it should not be done here.

(1) The Director shall publish an announcement of the petition for reinstatement in a publication of general statewide circulation to attorneys soliciting comments regarding the appropriateness of the petitioner’s reinstatement. Any comments made in response to such a solicitation shall be absolutely privileged and may not serve as a basis for liability in any civil lawsuit brought against the person making the statement.

Prior to any suspension or disbarment, the attorney shall publish an announcement of the petition for reinstatement or in the nature of a petition for reinstatement in a publication of general statewide circulation to attorneys and judges and the public, soliciting comments regarding the appropriateness of the petitioner’s quasi-reinstatement, and the appropriateness of that attorney coming forward with evidence procured over roughly the last decade, in the furtherance of the public good. Any comments made in response to such a solicitation shall be absolutely privileged and may not serve as a basis for liability or sanctions in any civil, criminal or disciplinary proceeding.

I am also inviting you to submit commentary regarding the quasi-reinstatement of Attorney Jill Waite. And feel free to suggest other attorneys who have had their license yanked from them, who are entitled to a similar consideration.

Please appear at the Minnesota Judicial Center, January 14, 2013, at 10:00 a.m.