The action results from a petition for discipline filed on Feb. 23, 2012. The matter was scheduled for an evidentiary hearing but Clark was hospitalized shortly before the hearing. The referee at that time recommended her transfer to disability status. In October, the Supreme Court sent the matter back to the referee for findings regarding the nature of Clark’s disability, whether Clark was able to assist in her defense in this matter, and whether Clark was able to competently represent clients.
On December 20, 2012, the referee filed his findings and recommendations with the court. The referee found that: Clark is disabled based on serious mental health issues she experienced during 2012; Clark was able to assist in her defense as of December 7, 2012,as evidenced by her participation at the evidentiary hearing; and as of December 7, 2012,and continuing into the foreseeable future, Clark cannot competently represent clients.
The referee further recommended that: (1) Clark be transferred to disability inactive status because she cannot presently represent clients; (2) the underlying disciplinary action be stayed; and (3) if Clark is not placed on disability inactive status, that her ability to practice law be subject to several conditions.
In a December 26, 2012, filing, Clark stated that she was ordering transcripts but no certificates were filed. The Supreme Court issued an order to show case requiring the parties to file memoranda of law by Jan. 11, 2013 stating why Clark should not be suspended until the court reaches a decision. Clark did not respond.
Accordingly the court suspended Clark and established a schedule for filing transcripts and briefs. No oral argument was set.
Meanwhile, Clark filed a two-page document in federal court asking the court to reconsider keeping her discipline case in federal court. She also asked for a writ of certiorari to get her files from the Minnesota Judicial Branch, and that her document be considered as a complaint against Martin Cole and Craig Klausing of the Office of Lawyers Professional Responsibility.
Source: http://minnlawyer.com/minnlawyerblog/2013/01/17/attorney-jill-clark-suspended/
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