Opinion
A21-0352
04-29-2021
IN RE Petition for DISCIPLINARY ACTION AGAINST Kip William KOOTZ, a Minnesota Attorney, Registration No. 026362X.
ORDER
The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Kip William Kootz has committed professional misconduct warranting public discipline. Respondent was disbarred by the State of Florida for a 2019 DWI conviction and failure to report previous DWI convictions from Minnesota to the Florida Bar Counsel, in violation of Rules 3-4.3, 3-4.4, and 3-7.2(e), Florida Rules of Discipline, and Rule 4-8.4(b), Florida Rules of Professional Conduct. See Fla. Bar v. Kootz , No. SC19-758, 2020 WL 1650317, at *1 (Fla. Apr. 2, 2020). The Director declined to pursue reciprocal discipline after determining that, in her judgment, the discipline imposed in Florida was inconsistent with the level of discipline that would be imposed in Minnesota for similar misconduct. The court agrees, and declines to impose reciprocal discipline.
The petition alleges that respondent failed to report the Florida disbarment to the Director, in violation of Rule 12(d), Rules on Lawyers Professional Responsibility (RLPR); that he was convicted of multiple DWI offenses, in violation of Minn. R. Prof. Conduct. 8.4(b) ; and that he continued to use a false and misleading firm name after being advised by the Director that the firm name did not comply with the Minnesota Rules of Professional Conduct, in violation of Minn. R. Prof. Conduct 7.1 and 7.5(a).
Respondent and the Director have entered into a stipulation for discipline. In it, respondent waives his procedural rights under Rule 14, RLPR, and unconditionally admits the allegations in the petition. The parties jointly recommend that the appropriate discipline is a 30-day suspension and 5 years of probation.
The court has independently reviewed the file and approves the recommended disposition.
Based upon all the files, records, and proceedings herein,
IT IS HEREBY ORDERED THAT:
1. Respondent Kip William Kootz is suspended from the practice of law for a minimum of 30 days, effective 14 days from the date of this order.
2. Respondent shall pay $900 in costs pursuant to Rule 24, RLPR.
3. Respondent shall comply with Rule 26, RLPR (requiring notice of suspension to clients, opposing counsel, and tribunals).
4. Upon reinstatement to the practice of law, respondent shall be placed on probation for a period of 5 years, upon the following terms and conditions:
a. Respondent shall abide by the Minnesota Rules of Professional Conduct.
b. Respondent shall cooperate fully with the Director's Office in its efforts to monitor compliance with this probation. Respondent shall promptly respond to the Director's correspondence by its due date. Respondent shall provide to the Director a current mailing address and shall immediately notify the Director of any change of address. Respondent shall cooperate with the Director's investigation of any allegations of unprofessional conduct that may come to the Director's attention. Upon the Director's request, respondent shall provide authorization for release of information and documentation
to verify compliance with the terms of this probation.
c. Respondent shall maintain total abstinence from alcohol and other mood-altering chemicals, except that respondent may use prescription drugs in accordance with the directions of a prescribing physician who is fully advised of respondent's chemical dependency before issuing the prescription.
d. Respondent shall, at his own expense, once per month, submit to random urinalysis for drug and alcohol screening at a facility approved by the Director and shall direct the drug/alcohol screening facility to provide the results of all urinalysis testing to the Director's Office. If, after 6 months, all such tests have been negative, then the frequency of the random tests may be reduced. Respondent shall submit to tests as directed by the Director, taking into consideration respondent's recent leg injuries, respondent's current inability to travel out of his home due to his leg injuries, and COVID-related safety concerns. Any failure to cooperate with testing shall be considered the same as receipt of a positive test result. Any positive test result will be grounds for revoking this probation.
e. Respondent shall continue attending weekly meetings of Alcoholics Anonymous or other abstinence-based recovery support group or program acceptable to the Director. Respondent shall, by the tenth day of each month, without a specific reminder or request, submit to the Director, on a form provided by the Director, an attendance verification that provides the name, address, and telephone number of the person personally verifying the attendance.
f. Respondent shall notify the Director of any arrest, charges, or indictment for any criminal offense, in any jurisdiction, within 10 days of the arrest or issuance of the charges/indictment.
g. If at any time during the period of probation, after giving respondent an opportunity to be heard by the Director, the Director concludes that respondent has violated the conditions of the probation or engaged in further misconduct, the Director may file a petition for disciplinary action against respondent in this court without the necessity of submitting the matter to a Panel or Panel Chair. Respondent waives the right to such consideration by the Panel or Panel Chair.
5. Respondent shall be eligible for reinstatement to the practice of law following the expiration of the suspension period provided that, not less than 15 days before the end of the suspension period, respondent files with the Clerk of the Appellate Courts and serves upon the Director an affidavit establishing that he is current in continuing legal education requirements, has complied with Rules 24 and 26, RLPR, and has complied with any other conditions for reinstatement imposed by the court.
6. Within 1 year of the date of this order, respondent shall file with the Clerk of the Appellate Courts and serve upon the Director proof of successful completion of the written examination required for admission to the practice of law by the State Board of Law Examiners on the subject of professional responsibility. See Rule 4.A.(5), Rules for Admission to the Bar (requiring evidence that an applicant has successfully completed the Multistate Professional Responsibility Examination). Failure to timely file the required documentation shall result in automatic suspension, as provided in Rule 18(e)(3), RLPR.