In re Kennedy
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In re Kennedy
Opinion of the Court
On October 13, 2017, we suspended respondent Duane A. Kennedy from the practice of law for a minimum of 30 days, effective October 27, 2017. In re Kennedy ,
We conditionally reinstated Kennedy on December 1, 2017. In re Kennedy ,
Rule 18(e)(3), RLPR, provides that, unless waived by this court, a lawyer who has been suspended for 90 days or less "must, within one year from the date of the suspension order, successfully complete such written examination as may be required for admission to the practice of law by the State Board of Law Examiners on the subject of professional responsibility." The professional-responsibility examination referred to in Rule 18(e)(3) is the Multistate Professional Responsibility Examination (MPRE). See Rule 4.A(5), Rules for Admission to the Bar. "Except upon motion and for good cause shown, failure to successfully complete this examination shall result in automatic suspension of the lawyer effective one year after the date of the original suspension order." Rule 18(e)(3), RLPR.
Kennedy did not file proof of successful completion of the MPRE by October 13, 2018. Instead, on October 5, 2018, Kennedy filed a motion seeking additional time, until December 31, 2018, to provide proof of successful completion of the MPRE. Kennedy argues there is good cause for an extension of time to successfully complete the MPRE. He states that he was unable to take the March 2018 MPRE due to health reasons in the last half of 2017 and professional obligations in December 2017 and January 2018. Kennedy took the August 2018 MPRE but did not receive a passing score.
The Director of the Office of Lawyers Professional Responsibility has not filed a response to Kennedy's motion.
We have routinely denied attorneys' requests for additional time to provide proof of having passed the MPRE. See , e.g. , In re Nwaneri ,
Based upon all the files, records, and proceedings herein,
IT IS HEREBY ORDERED THAT:
1. The motion of respondent Duane A. Kennedy to extend the time to successfully complete the professional-responsibility portion of the state bar examination is denied.
2. Respondent's conditional reinstatement is revoked and he is indefinitely suspended, effective 10 days from the date of this order.
3. Respondent shall comply with Rule 26, RLPR (requiring notice of suspension to clients, opposing counsel, and tribunals).
4. Respondent may apply for reinstatement under Rule 18(f), RLPR, by filing with the Clerk of the Appellate Courts and serving upon the Director of the Office of Lawyers Professional Responsibility proof that he has successfully completed the written examination required for admission to the practice of law by the State Board of Law Examiners on the subject of professional responsibility.
BY THE COURT:
/s/ ______________________________
David L. Lillehaug
Associate Justice
Reference
- Full Case Name
- IN RE Petition for DISCIPLINARY ACTION AGAINST Duane A. KENNEDY, a Minnesota Attorney, Registration No. 0055128.
- Cited By
- 1 case
- Status
- Published