Title
Michelle MacDonald for Justice "Justice should be FREE"
Case Number
File No. A20-0473 Registration No. 182370
State or Country
Minnesota
Judges
Supreme Court Minnesota
Justice G. Barry Anderson,
Chief Justice Lorie S. Gildea,
Justice David L. Lillehaug
Justice Anne K. McKeig,
Justice Natalie E. Hudson,
Justice Margaret H. Chutich,
Justice Paul C. Thissen
Defendant
MICHELLE LOWNEY MacDonald, a Minnesota Attorney
Plaintiff Attorney
SUSAN M. HUMISTON
Director Office of Lawyers Professional Responsibility
1500 Landmark Towers 345
St. Paul, MN 55102
651-296-3952
Document Links 1 (Scribd et. al)
https://www.scribd.com/document/489844580/Mac-Board-Appeal-Final-Brief-Draft-Champion
Document Link 2
https://www.scribd.com/document/489844592/Mac-Appeal-Certification-of-Brief-Length
Document Link 3
https://www.scribd.com/document/489844884/Board-Appeal-Brief-Addendum-Final-12-24-20
Comments
The Record Does Not Support the Referee's Findings of Fact or Conclusions of Law
1. The Referee Incorrectly Found that Respondent Knowingly Made False Statements About the Integrity of a Judge and the Minnesota Judicial System Because Ms. MacDonald’s Comments on WCCO Radio are protected by the First Amendment
2. The Referee Incorrectly Found that Respondent Failed to Comply With Requirements of Fee-Sharing Representation
3. Mitigating Factors Outweigh Any Discipline Warranted
STATEMENT OF THE CASE
The Director filed a Petition for Discipline against Ms. MacDonald on March 20, 2020, alleging violations of conditions of her probation by “repeating prior misconduct” in making statements impugning the integrity of a judge in an interview broadcast on WCCO radio and by failing to obtain a client’s consent to a “fee-splitting” arrangement. The Brodkorb matter was completely dismissed.
This matter came before the Referee McKinsey on September 16, 2020. Paul Engh appeared on behalf of Ms. MacDonald. Ms. Keshini Mary Ratnayake, Assistant Director of the Board of Professional Responsibility, appeared on behalf of the Board. Referee McKinsey rendered her Findings of Fact, Conclusions of Law, and Recommendations for Disposition on October 20, 2020. Ms. MacDonald requested the hearing transcripts on October 29, 2020 and she appeals the referee’s recommended findings.