Posts tagged Senior Judge E. Anne McKinsey

Former MN Supreme Court Justice: MacDonald is “unfit for the office”

Michelle MacDonald, who is a candidate for the Minnesota Supreme Court, is “unfit for office” according to former Associate Justice David Lillehaug, who defeated MacDonald when she ran against him for the Minnesota Supreme Court in 2014.

Former Associate Justice of the Minnesota Supreme Court David Lillehaug.

MacDonald is currently running for the Minnesota Supreme Court against Minnesota Supreme Court Justice Paul Thissen, who was appointed to the Minnesota Supreme Court in 2018. She was also an unsuccessful candidate for the Minnesota Supreme Court in 2016 and 2018.

In a letter to the editor published today by the Star Tribune, Lillehaug wrote:

Based on my two years on the court with Justice Thissen, I can attest that he is thoughtful and ethical, works hard and reads our laws as written. By contrast, based on her record, [Michelle MacDonald] is plainly unfit for the office.

Lillehaug retired from the Minnesota Supreme Court on July 31, 2020.

MacDonald is currently facing discipline from the Minnesota Supreme Court that could impact her ability to serve on the court if she was elected next week.

Earlier this month, a judicial referee appointed by the Minnesota Supreme Court determined MacDonald “caused harm to both the public and legal profession” that warrant MacDonald being placed on supervised probation.

Senior Judge E. Anne McKinsey was appointed in June by Minnesota Supreme Court Chief Justice Lorie Gildea as the referee to hear the petition for disciplinary action against MacDonald. McKinsey’s recommendation that MacDonald is placed on supervised probation was made in a court filing yesterday after a disciplinary hearing which was held last month. Continue reading

Michelle MacDonald ’caused harm to both the public and legal profession’

A judicial referee appointed by the Minnesota Supreme Court has determined that Michelle MacDonald, who is a candidate for the Minnesota Supreme Court, “caused harm to both the public and legal profession” that warrant MacDonald being placed on supervised probation.

Senior Judge E. Anne McKinsey was appointed in June by Minnesota Supreme Court Chief Justice Lorie Gildea as the referee to hear the petition for disciplinary action against MacDonald. McKinsey’s recommendation that MacDonald is placed on supervised probation was made in a court filing yesterday after a disciplinary hearing which was held last month.

In March, the Office of Lawyers Professional Responsibility petitioned the Minnesota Supreme Court to discipline MacDonald after determining that she violated the Minnesota Rules of Professional Conduct governing licensed attorneys and the conditions of her probation by which she could practice law.

The petition was filed 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.

The Office of Lawyers Professional Responsibility requested the suspension of MacDonald’s law license for a minimum of 90 days. They have 14 days to contest the disciplinary recommendations from Judge McKinsey. Continue reading

MacDonald’s disciplinary hearing scheduled for Wednesday

A court hearing will be held next Wednesday on the petition for disciplinary action filed by the Office of Lawyers Professional Responsibility against Michelle MacDonald, who is a candidate for the Minnesota Supreme Court.

The hearing is scheduled for September 16, 2020, at 9 AM and will be conducted online through Zoom because of the COVID-19 pandemic. 

Senior Judge E. Anne McKinsey was appointed in June by Minnesota Supreme Court Chief Justice Lorie Gildea as the referee to hear the petition for disciplinary action against MacDonald.

The petition was filed 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.

Both Brodkorb and Mann have been subpoenaed by the Office of Lawyers Professional Responsibility to testify at the hearing. 

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. Continue reading

Disciplinary hearing for MacDonald scheduled for September

UPDATE (10:51 AM, Tuesday, September 8, 2020) –  The court hearing on the petition for disciplinary action filed by the Office of Lawyers Professional Responsibility against Michelle MacDonald has been rescheduled for September 16, 2020, at 9 AM.

The hearing will be conducted online through Zoom because of the COVID-19 pandemic.

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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. Continue reading

Gildea appoints McKinsey to hear disciplinary case against MacDonald

Minnesota Supreme Court Chief 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