Opinion
A21-0764
01-10-2023
IN RE Petition for DISCIPLINARY ACTION AGAINST Richard A. SALITERMAN, a Minnesota Attorney, Registration No. 0095266.
ORDER
The Director of the Office of Lawyers Professional Responsibility filed a petition for disciplinary action against respondent Richard Saliterman. Counts one and two alleged that Saliterman had committed misconduct. Count three alleged that the Director had concerns about Saliterman's capacity to practice law and that there was good cause to support relief pursuant to Rule 28(e), Rules on Lawyers Professional Responsibility (RLPR) (authorizing the court to transfer a lawyer to disability inactive status after a hearing).
We appointed a referee. We directed the referee to make findings of fact, conclusions, and recommendations about the nature of Saliterman's disability and whether Saliterman is able to competently represent clients. The referee held an evidentiary hearing.
The referee filed his findings of fact, conclusions, and recommendations. The referee concluded that there was clear and convincing evidence that Saliterman has a medical condition that makes him unable to competently represent clients within the meaning of Rule 28(a), RLPR. The referee recommended that Saliterman be transferred to disability inactive status and that the disciplinary proceedings against Saliterman be stayed.
We issued an order requiring the parties to file memoranda of law showing cause, if any there be, why Saliterman should not be temporarily suspended until we issue a decision on the referee's findings and recommendations. The parties have filed their responsive memoranda.
"A lawyer whose physical condition ... prevents the lawyer from competently representing clients shall be transferred to disability inactive status." Rule 28(a), RLPR. "In cases other than immediate transfer to disability inactive status, and other than cases in which the lawyer asserts personal disability, [we] may transfer a lawyer to or from disability inactive status following a proceeding initiated by the Director and conducted in the same manner as a disciplinary proceeding under these Rules." Rule 28(e), RLPR. We may temporarily suspend a lawyer during a disciplinary proceeding if we "find[ ] a continuation of the lawyer's authority to practice law poses a substantial threat of serious harm to the public." See Rule 16(d), RLPR. We have temporarily suspended an attorney after a referee recommended transfer to disability inactive status. In re Clark , A12-0326, Order at 3 (Minn. Jan. 16, 2013).
In light of the referee's findings that Saliterman is unable to competently represent clients, the continuation of his authority to practice law poses a substantial threat of serious harm to the public.
Based upon all the files, records, and proceedings herein,
IT IS HEREBY ORDERED that respondent Richard A. Saliterman is temporarily suspended from the practice of law, effective as of the date of this order. Respondent shall comply with Rule 26, RLPR (requiring notice of suspension to clients, opposing parties, and tribunals). BY THE COURT:
/s/ __________
Natalie E. Hudson
Associate Justice