Gregory Ian Runge v. Disciplinary Board of the North Dakota Supreme Court

Summary

The North Dakota Supreme Court reviewed an admonition issued to attorney Gregory Ian Runge for allegedly violating North Dakota Rule of Professional Conduct 1.14 while assisting Norman Franz in revoking a power of attorney and leaving a nursing home. The Court held that the record did not clearly and convincingly establish Franz had limited capacity or that Runge violated Rule 1.14. The Court dismissed the disciplinary complaint.

Holdings

1. Clear and convincing evidence did not establish that Runge violated N.D.R. Prof. Conduct 1.14. After reasonably assessing Franz's capacity through telephone and in-person communications, Runge was not required to contact Pfeifer before Franz revoked the power of attorney.
2. Pfeifer's signature as a responsible party on the nursing home's emergency care statement did not give her sole authority to make Franz's medical decisions, and the document was ineffective as a medical power of attorney.
3. The court did not address Runge's due-process arguments because it dismissed the disciplinary complaint on the merits.

Questions Presented

1. Whether clear and convincing evidence established that Runge violated N.D.R. Prof. Conduct 1.14 by preparing and witnessing Franz's revocation of a power of attorney without consulting Franz's appointed attorney-in-fact.
2. Whether the nursing home's emergency care statement and Franz's power of attorney gave Pfeifer sole authority to make Franz's medical decisions.
3. Whether Runge's due-process challenges to the informal disciplinary proceedings required reversal.

Disposition

dismissed