Posts tagged Michael Brodkorb

Disciplinary hearing for MacDonald scheduled for September

Michelle MacDonald’s fourth campaign to be elected to the Minnesota Supreme Court will take a short break in September, as a court hearing will be held on the petition for disciplinary action filed by the Office of Lawyers Professional Responsibility against MacDonald.

Senior Judge E. Anne McKinsey, who was appointed earlier this month as the referee to hear the petition for disciplinary action against MacDonald, issued a scheduling order yesterday.

A court hearing is scheduled for September 10, 2020, at 9:30 AM, at the Minnesota Judicial Center in St. Paul, Minnesota. The hearing will continue to September 11, if needed.

Despite facing discipline, MacDonald is a candidate for the Minnesota Supreme Court  

Justice Paul Thissen

MacDonald is running against Minnesota Supreme Court Justice Paul Thissen, who was appointed to the Minnesota Supreme Court by Governor Mark Dayton in 2018.

MacDonald was an unsuccessful candidate for the Minnesota Supreme Court in 2014, 2016, and 2018. In December, MacDonald started her fourth campaign for the Minnesota Supreme Court. Despite MacDonald facing serious discipline and the likely suspension of her law license, MacDonald can still run for the Minnesota Supreme Court.

Courts in Minnesota have interpreted the requirement in the Minnesota Constitution that judges “shall be learned in the law” as being licensed to practice law. Candidates for the Minnesota Supreme Court, Minnesota Court of Appeals, District Court of Minnesota, or county attorney are required to submit a copy of their law license when they file to run for office with the Minnesota Secretary of State.

Aside from being a repeated candidate for the Minnesota Supreme Court, MacDonald notes on the website for her law firm that she “aspires to be a United States Supreme Court Justice.”

Board petition details multiple violations by MacDonald

The petition filed by the Office of Lawyers Professional Responsibility details three counts of “unprofessional conduct warranting revocation of probation and further public discipline” of MacDonald.

The first count details “knowingly false statements” made by MacDonald about Judge David Knutson during a radio interview with Blois Olson on WCCO Radio in October 2018.

During the interview, MacDonald said it wasn’t Sandra Grazzini-Rucki who committed a crime when she abducted her children during a custody dispute with her ex-husband. MacDonald said the crime involving the disappearance of Samatha and Gianna Rucki was committed by Judge David Knutson when he issued a court order involving custody in 2012.

The second count against MacDonald is about the “factually frivolous defamation lawsuit” filed by MacDonald against Brodkorb and Missing in Minnesota. The petition states MacDonald’s “conduct in filing a frivolous defamation lawsuit against the defendants, which lacked a basis in fact particularly given respondent’s probation requirement to ensure factual accuracy…” violated her probation and rules governor licensed attorneys in Minnesota.

The third count in the petition describes MacDonald’s conduct in charging “unreasonable fees,”  failing to provide a copy of a retaining agreement to a client, and failing to get a confirmation in writing of a “fee-sharing arrangement…”

In total, the petition from the Office of Lawyers Professional Responsibility details 14 violations by MacDonald of the Minnesota Rules of Professional Conduct governing licensed attorneys and 7 violations of her probation by which she can practice law in Minnesota.

MacDonald has been previously disciplined by lawyers board for multiple rule violations

Brodkorb and Mann filed a complaint just days after MacDonald served her lawsuit on Brodkorb and Missing in Minnesota in June 2018. The Office of Lawyers Professional Responsibility notified Brodkorb and Mann that MacDonald would be investigated based on their complaint.

MacDonald has been disciplined twice for multiple rule violations since she was admitted to practice law in Minnesota in 1987.

In 2012, MacDonald was disciplined by the Lawyers Professional Responsibility Board for “for failing to deposit settlement proceeds into a trust account, failing to maintain proper trust account books and records, failing to promptly deliver funds to a client, failing in her duty to be responsible for the conduct of a non-lawyer and failing to cooperate with the Director’s investigation…”

A judicial referee appointed by the Minnesota Supreme Court found in 2018 that MacDonald violated “at least seven Rules of Professional Conduct over the course of two different client matters.”

The Minnesota Supreme Court later suspended MacDonald’s law license for 60 days and placed her on supervised probation for two years after determining she “made false statements about the integrity of a judge with reckless disregard for the truth; improperly used subpoenas; knowingly disobeyed a court rule and failed to follow a scheduling order; and engaged in disruptive courtroom conduct, including behavior resulting in her arrest.”

MacDonald’s legal work examined in an award-winning true crime book

An examination of MacDonald’s legal work was detailed in the book, The Girls Are Gone which was released on October 23, 2018.

The book also includes new information about the disappearance of Samantha and Gianna Rucki and the adults who conspired to keep the missing sisters and the truth hidden.

The Girls Are Gone also explores the connection between MacDonald and two people convicted for their roles in the disappearance of the Rucki sisters: Sandra Grazzini-Rucki and Dede Evavold. MacDonald was labeled a “person of interest” by the Lakeville Police Department in the disappearance of Samantha and Gianna Rucki but did not cooperate in the investigation.

Since being released in October 2018,  The Girls Are Gone has been a commercial and critical success. In April, Brodkorb and Allison Mann were awarded a 2019 Independent Publisher Book AwardThe Kindle Edition of The Girls Are Gone has appeared on multiple “best seller” lists by AmazonThe Girls Are Gone is published by Wise Ink Creative Publishing.

In October, Brodkorb and Mann released an audiobook of The Girls Are Gone, which was produced at Studio AmericanaThe Girls Are Gone is available for sale through numerous retailers in audiobook, paperback, and ebook.

Please follow Missing in Minnesota on Twitter and Facebook for updates on the disciplinary process involving Michelle MacDonald.

Gildea appoints McKinsey to hear disciplinary case against MacDonald

Minnesota Supreme Court Justice Lorie Gildea has appointed Senior Judge E. Anne McKinsey as the referee to hear the petition for disciplinary action filed by the Office of Lawyers Professional Responsibility against Michelle MacDonald. 

The disciplinary process will take months, as McKinsey will hear the case and “file her findings of fact, conclusions, and recommendations for the disposition” of the petition for discipline against MacDonald.

The timing of the disciplinary process will complicate MacDonald’s campaign for the Minnesota Supreme Court against Justice Paul Thissen. 

A scheduling order for the case will be issued in the coming weeks and MacDonald may have to spend time off the campaign trail and inside a courtroom defending herself against allegations of misconduct. Continue reading

MacDonald files to run for the Minnesota Supreme Court

Michelle MacDonald, who was labeled a “person of interest” in the disappearance of missing children, and is facing discipline for multiple violations of the rules governing licensed attorneys, filed today to run for the Minnesota Supreme Court.

MacDonald was an unsuccessful candidate for the Minnesota Supreme Court in 2014, 2016, and 2018. In December, MacDonald started her fourth campaign for the Minnesota Supreme Court. Despite MacDonald facing serious discipline and the likely suspension of her law license, MacDonald can still run for the Minnesota Supreme Court. Continue reading

Lawyers board to MN Supreme Court: discipline MacDonald

The Office of Lawyers Professional Responsibility petitioned the Minnesota Supreme Court to discipline Michelle MacDonald after determining MacDonald violated the conditions of her probation by which she can practice law and the Minnesota Rules of Professional Conduct governing licensed attorneys.

The petition comes after the completion of a 21-month investigation into MacDonald, which began after Michael Brodkorb and Allison Mann filed a formal complaint with the Office of Lawyers Professional Responsibility in June 2018 in response to MacDonald filing a lawsuit against Brodkorb and Missing in Minnesota. The lawsuit filed by MacDonald was dismissed in March 2019 by a judge in Ramsey County.

MacDonald appealed the dismissal of her lawsuit to the Minnesota Court of Appeals, but the Court ruled against MacDonald last month. Continue reading

Minnesota Court of Appeals rules against MacDonald

In a ruling that is being described as a win for “press freedoms,” the Minnesota Court of Appeals affirmed the dismissal of a lawsuit filed by Michelle MacDonald against Michael Brodkorb and Missing in Minnesota.

In March 2019, Ramsey County Judge Richard H. Kyle, Jr. granted the Motion for Summary Judgment filed by Brodkorb and Missing in Minnesota in October. Judge Kyle ruled MacDonald was a public figure and that the statements made by Brodkorb and Missing in Minnesota “were either true or lack the requisite showing of actual malice…”

In a published opinion released this morning, the Minnesota Court of Appeals agreed with the decision by Judge Kyle to dismiss MacDonald’s lawsuit last year.

The Minnesota Court of Appeal ruled “MacDonald failed to provide evidence creating any genuine dispute of material fact” and MacDonald “was a public figure at the relevant times” during the lawsuit. Further, the Minnesota Court of Appeals ruled that “[s]tatements suggesting unethical, improper, or illegal behavior by a candidate for judicial office relate to the contest and qualifications for the office.”

MacDonald has 30 days to petition the Minnesota Supreme Court to review the opinion released today by the Minnesota Court of Appeals. Continue reading

Friday: ABC’s ’20/20′ episode about Grazzini-Rucki

The riveting episode of ABC’s “20/20” discussed in the award-winning true crime book, The Girls Are Gone, will be broadcast tomorrow at 9 AM (CST) on Investigative Discovery.

The episode about Sandra Grazzini-Rucki, “Footprints in the Snow,” was first broadcast on April 8, 2016, and was later rebroadcast on March 25, 2017. The episode has since broadcast on multiple television networks over the last two years.

Grazzini-Rucki had tried to stop the rebroadcasts of the episode, which found no documentation to verify Grazzini-Rucki’s claim that she was abused by David Rucki. Grazzini-Rucki had taken to Facebook, calling the show “rank propaganda” and encouraging people to register complaints.

In April 2017, Grazzini-Rucki announced she would be filing a defamation lawsuit against ABC, Inc, ABC’s “20/20”, and Elizabeth Vargas, the co-anchor of “20/20”. Grazzini-Rucki claimed she would be seeking “an ungodly amount” of money in her latest lawsuit, but the lawsuit was never filed. Continue reading

Lawyers board: suspend MacDonald’s attorney for 6 months

A lawyer for the Lawyers Professional Responsibility Board told the Minnesota Supreme Court today that Karlowba Adams Powell, who serves as Michelle MacDonald’s attorney in her lawsuit against Michael Brodkorb and Missing in Minnesota, should be suspended from practicing law for 6 months for violating numerous rules governing licensed attorneys in Minnesota.

Binh Thanh Tuong, attorney for the Lawyers Professional Responsibility Board, said during today’s hearing that “every step that [Adams-Powell] took was an attempt to cover-up.”

Last September, a referee appointed by the Minnesota Supreme Court determined that Adams Powell made numerous false statements, engaged in the unauthorized practice of law, failed to cooperate with her supervised probation, and violated her probation and suspension orders.

State Senator Bobby Joe Champion (pictured above), who serves as Adams Powell’s attorney, said his client’s conduct did not harm the public but acknowledged she engaged in the unauthorized practice of law, failed to properly deposit funds, and failed to get a co-signature on a deposit/receipt.

Champion acknowledges Adam Powell’s “lapses in judgment” and offered a 60-day suspension.

This is the fourth disciplinary proceeding involving professional misconduct for Adams Powell. The Minnesota Supreme Court will make a determination within 60 days on the appropriate discipline for Adams Powell. Continue reading

Minnesota Supreme Court hears allegations against MacDonald’s attorney tomorrow

The Minnesota Supreme Court will have a hearing tomorrow on allegations that Karlowba Adams Powell, who serves as Michelle MacDonald’s attorney in her lawsuit against Michael Brodkorb and Missing in Minnesota, violated numerous rules governing licensed attorneys in Minnesota.

Last September, a referee appointed by the Minnesota Supreme Court determined that Adams Powell made numerous false statements, engaged in the unauthorized practice of law, failed to cooperate with her supervised probation, and violated her probation and suspension orders.

The Office of Lawyers Professional Responsibility wants Adams Powell to be suspended from practicing law for 6 months. Adams Powell’s attorney, State Senator Bobby Joe Champion,  acknowledges her “lapses in judgment” and is offering a 60-day suspension.

This is the fourth disciplinary proceeding involving professional misconduct for Adams Powell.

Tomorrow’s hearing will be live-streamed by the Minnesota Supreme Court at 10 AMContinue reading

18-month investigation by lawyers board into MacDonald continues

The investigation by the Office of Lawyers Professional Responsibility into alleged violations by Michelle MacDonald of the Minnesota Rules of Professional Conduct governing licensed attorneys continues according to a letter from the Office of Lawyers Professional Responsibility.

The investigation into the alleged violations by MacDonald was opened over 18 months ago after Michael Brodkorb and Allison Mann filed a formal complaint with the Office of Lawyers Professional Responsibility in response to MacDonald filing a “frivolous and vexatious” lawsuit against Brodkorb and Missing in Minnesota, which appeared to be in violation of an Order of the Minnesota Supreme Court which details the conditions by which MacDonald is allowed to practice law.

The lawsuit filed by MacDonald against Brodkorb and Missing in Minnesota was dismissed in March by a judge in Ramsey County. MacDonald is appealing the dismissal of the lawsuit.

MacDonald started her fourth campaign for the Minnesota Supreme Court last month. She was an unsuccessful candidate for the Minnesota Supreme Court in 2018, having previously lost two bids for the Minnesota Supreme Court in 2014 and 2016.  Continue reading

MacDonald begins fourth campaign for MN Supreme Court

UPDATE (4:04 PM, Friday, December 13, 2019) – This story has been updated to include confirmation from Justice Paul Thissen’s campaign that he will stand for election to the Minnesota Supreme Court in 2020. 

____________________

 

Michelle MacDonald launched her candidacy today for the Minnesota Supreme Court in 2020, just hours after her attorney argued in court that she wasn’t a public figure because she wasn’t a candidate for public office.

During oral arguments at the Minnesota Court of Appeals MacDonald’s attorney, Karlowba R. Adams Powell, told the three judges who were hearing MacDonald’s appeal that since MacDonald was not a candidate for office, she was not a public figure.

But within hours after the hearing ended, MacDonald’s Twitter profile was updated to encourage people to “Vote for Michelle MacDonald for Justice in 2020…”

This is MacDonald’s fourth campaign for the Minnesota Supreme Court. MacDonald was an unsuccessful candidate in 2018, having previously lost two bids for the Minnesota Supreme Court in 2014 and 2016. Since 2014, MacDonald has maintained an active campaign committee and website to promote her candidacy.

Today’s activity by MacDonald on social media is the first public campaigning she has specifically done for her fourth campaign for the Minnesota Supreme Court since announcing in July through an unrelated lawsuit that she planned to run for office “in 2020 and in the future.”

MacDonald will likely face Justice Paul Thissen, who was appointed to the Minnesota Supreme Court by Governor Mark Dayton in 2018. Thissen has not made a formal announcement that he will seek election to the Minnesota Supreme court, but a representative of his campaign committee confirmed on Friday he will run for election in 2020. Continue reading

Appeals court hears oral arguments on Thursday on MacDonald’s lawsuit

The Minnesota Court of Appeals will hear oral arguments on Thursday about Michelle MacDonald’s appeal of the dismissal of her lawsuit against Michael Brodkorb and Missing in Minnesota. Arguments will be heard at 10:05 AM in Courtroom 200 of the Minnesota Judicial Center.

In March, Ramsey County Judge Richard H. Kyle, Jr. granted the Motion for Summary Judgment filed by Brodkorb and Missing in Minnesota in October. Judge Kyle ruled MacDonald was a public figure and that the statements made by Brodkorb and Missing in Minnesota “were either true or lack the requisite showing of actual malice…”

MacDonald was an unsuccessful candidate for the Minnesota Supreme Court in 2018, having previously lost two bids for the Minnesota Supreme Court in 2014 and 2016. MacDonald announced in July through an unrelated lawsuit that she “plans to run for office in 2020 and in the future.”

Click here to read the court filings related to MacDonald’s lawsuit.  Continue reading

Evavold’s criminal trial scheduled for March

A judge in Dakota County scheduled Dede Evavold’s criminal trial for March 23, 2020, on a criminal charge of violating a Harassment Restraining Order (HRO) filed against her by Michael Brodkorb. Evavold was charged in May after she attempted to contact Brodkorb for assistance in restarting her blog after WordPress suspended it for violating their terms of service.

Evavold’s criminal trial was scheduled during a hearing today at the Dakota County Northern Service Center in West St. Paul, Minnesota. An evidentiary hearing was also scheduled for February 28, 2020.

Brodkorb was granted an HRO against Evavold last year for her involvement in surreptitiously obtaining and later distributing a photograph of Brodkorb’s wife and minor children online.

Michael and Sarah Brodkorb filed the HROs in Dakota County against Diane Ristau of Medford, Carrie Beaudette of St. Joseph, and Evavold, who lives in St. Cloud.

The photograph of Ms. Brodkorb with her minor children was distributed multiple times with false allegations on a social media account connected to Sandra Grazzini-Rucki and her supporters.

The same social media account had been investigated by law enforcement for publishing threatening, harassing, and defamatory statements targeting judges, law enforcement, court staff, and journalists.

Evavold requested a court hearing to challenge the granting of the HRO, but a judge later upheld the HRO ruling that Evavold “was involved in the chain of events that led to repeated harassment of [Sarah Brodkorb] and her minor children.”

The HRO against Evavold remains in place until November 19, 2020. Continue reading

Fifth printing ordered of ‘The Girls Are Gone’

Michael Brodkorb and Allison Mann announced today that the fifth printing of their award-winning book The Girls Are Gone has been ordered.

Since being released in October 2018,  The Girls Are Gone has been a commercial and critical success. In April, Brodkorb and Allison Mann were awarded a 2019 Independent Publisher Book AwardThe Kindle Edition of The Girls Are Gone has appeared on multiple “best seller” lists by AmazonThe Girls Are Gone is published by Wise Ink Creative Publishing.

Last month Brodkorb and Mann released an audiobook of The Girls Are Gone, which was produced at Studio Americana.

The Girls Are Gone is available for sale through numerous retailers in audiobook, paperback, and ebook.

Brodkorb and Mann have appeared at over 40 events for their book in the last few months, and more book events will be announced in the coming weeks.