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    Michelle MacDonald for Justice "Justice should be FREE"

    • Date
      October 20, 2020
    • City/County
      St. Paul, Minnesota
    • Type of Case
      Minnesota Bar, Constitutional Rights
    • Case Details
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    Title

    Michelle MacDonald for Justice "Justice should be FREE"

    Date
    October 20, 2020
    State or Country
    Minnesota
    County/City:
    St. Paul, Minnesota
    The Court the Case was filed in

    State of Minnesota In the Supreme Court

    Type of Case
    Minnesota Bar, Constitutional Rights
    Case Number

    File No. A20-0473 Registration No. 182370

    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

    Plaintiff

    Minnesota Bar

    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

    Defendant Attorney

    Bobby Joe ChampionBobby Joe Champion(0262614)Attorney at Law1501 Hall Curve NMinneapolis, MN 55411Telephone: (612) 518-8870Fax: (612) 521-3405

    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.

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    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

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