Summary
The North Dakota Supreme Court adopted a hearing panel’s recommendation to transfer attorney Paul J. Merkens from interim suspension to disability incapacity status under the state's lawyer discipline rules. Merkens stipulated to the transfer, acknowledging he may petition for reinstatement once he demonstrates improved management of his mental health and addiction recovery. The court terminated his interim suspension, ordered his participation in the North Dakota Lawyers Assistance Program, and assessed $250 in costs.
Topics
Practice areas
Questions Presented
- Whether Merkens should be transferred from interim suspension to disability incapacity status under N.D.R. Lawyer Discipl. 5.1(C).
Holdings
- Merkens is transferred from interim suspension to disability incapacity status under N.D.R. Lawyer Discipl. 5.1(C).
Key quotations
“IT IS ORDERED that as outlined above, the findings of fact, conclusions of law, and recommendations by the hearing panel are adopted.” (149)
“IT IS FURTHER ORDERED that Paul J. Merkens is transferred from interim suspension to disability incapacity status under N.D.R. Lawyer Discipl. 5.1(C) until further order of this Court.” (149)
Factual background
Paul J. Merkens was admitted to the North Dakota bar on May 3, 2012. His license was interim suspended on September 26, 2024 pending final disposition of the disciplinary proceeding. The hearing panel found Merkens eligible for transfer to disability incapacity status.
Procedural history
The disciplinary board hearing panel recommended that Merkens be transferred to incapacitated status under N.D.R. Lawyer Discipl. 5.1(C). The Supreme Court adopted the panel's findings and ordered the transfer.