Summary
The Minnesota Supreme Court denied Duane A. Kennedy’s motion for additional time to complete the professional-responsibility examination required under Rule 18(e)(3) of the Rules on Lawyers Professional Responsibility. The court revoked his conditional reinstatement and indefinitely suspended him effective 10 days after the order, while permitting him to seek reinstatement upon proof of successful completion of the examination.
Topics
Practice areas
Questions Presented
- Whether Kennedy established good cause for an extension of the deadline to successfully complete and provide proof of passing the MPRE.
- Whether Kennedy's failure to satisfy the examination requirement required revocation of his conditional reinstatement and indefinite suspension under Rule 18(e)(3), RLPR.
Holdings
- Kennedy did not establish good cause for failing to successfully complete the MPRE, so his motion for additional time was denied.
- Failure to satisfy the MPRE requirement resulted in revocation of Kennedy's conditional reinstatement and indefinite suspension effective 10 days from the order.
Key quotations
“Kennedy has not established good cause for his failure to successfully complete the MPRE.” (at 333)
Factual background
Kennedy was suspended from practicing law and was required to pass and provide proof of completing the professional-responsibility examination within one year. He was conditionally reinstated but did not provide proof of passing the MPRE by October 13, 2018. He stated that health issues and professional obligations prevented him from taking the March 2018 examination, and although he took the August 2018 examination, he did not receive a passing score.
Procedural history
The court suspended Kennedy for a minimum of 30 days and required him to file proof of passing the professional-responsibility examination within one year, warning that failure would result in automatic suspension. After conditionally reinstating him, the court received Kennedy's motion for an extension because he had not passed the examination by the deadline. The court denied the motion, revoked his conditional reinstatement, and indefinitely suspended him.