NCJ Number
110696
Journal
William Mitchell Law Review Volume: 12 Issue: 1 Dated: (1986) Pages: 119-141
Editor(s)
J S MacArthur
Date Published
1986
Length
23 pages
Annotation
This article discusses the disability defense to charges of attorney misconduct in Minnesota and how the designation of chemical dependency and mental illness as diseases affect the disability defense.
Abstract
The Minnesota Supreme Court has ruled that an attorney may assert a disability to mitigate charges of misconduct. Two disabilities recognize by the court are alcoholism and mental illness. A specific standard is used by the court to determine if alcoholism is a mitigating disability. The accused attorney must show (1) that he or she is affected by alcoholism, (2) that the alcoholism caused the misconduct, (3) that the accused is recovering from the disease of alcoholism and any other disorders that caused or contributed to the misconduct, and (4) that the recovery has put an end to the misconduct and the misconduct is not likely to reoccur. A similar standard is used to determine if a psychological illness mitigates an attorney misconduct charge. Medical evidence must be presented for both the alcoholism and mental illness defenses. The author points out that Minnesota leads other States in recognizing mitigating circumstances in attorney misconduct proceedings. The author cites critics of the mitigating circumstances defense who say that it does not provide the public with adequate protection from dishonest attorneys. The author argues that the disability defense is sound jurisprudence that protects the public. 192 footnotes.