A12-0341 Precedential Processed

In re Disciplinary Action Against Melin

Minnesota Supreme Court · Filed April 17, 2012 · 812 N.W.2d 83

Cited by

State of Minnesota, Respondent, Minn. Ct. App. 2025
State of Minnesota, Respondent, Minn. Ct. App. 2025
State of Minnesota, Respondent, Minn. Ct. App. 2025
State of Minnesota, Respondent, Minn. Ct. App. 2023
State of Minnesota, Minn. 2020
Danna Rochelle Back v. State of Minnesota 883 N.W.2d 614 Minn. Ct. App. 2016
State of Minnesota v. Jerry Expose, Jr. 872 N.W.2d 252 Minn. 2015
State of Minnesota v. Timothy John Bakken 871 N.W.2d 418 Minn. Ct. App. 2015
State of Minnesota v. Jermaine Edward Harris Minn. Ct. App. 2015
State of Minnesota v. Terry Ross Johnson Minn. Ct. App. 2015
State of Minnesota v. Nicholas John Rossiter Minn. Ct. App. 2014
State v. Pass 832 N.W.2d 836 Minn. 2013

Authorities cited

Identified automatically; this list may not be exhaustive.

In Re Petition for Disciplinary Action Against Rooney 709 N.W.2d 263
In Re Disciplinary Action Against Swerine 513 N.W.2d 463
709 N.W.2d 268 not in our corpus

Opinion text

ORDER The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Chanel Gigi Melin committed professional misconduct warranting public discipline. The petition for disciplinary action alleges that respondent misappropriated $5,026 from a client, a condominium association that she was also an officer of, and that respondent made two false statements at a meeting of the condominium association, in violation of Minn. R. Prof. Conduct 8.4(c). Respondent admits the allegations of the petition, waives her procedural rights under Rule 14, Rules on Lawyers Professional Responsibility (RLPR), and with the Director recommends that the appropriate discipline is an indefinite suspension with no right to petition for reinstatement for two years. “We have stated that misappropriation of client funds usually merits the sanction of disbarment.... ” In re Swerine, 513 N.W.2d 463, 466 (Minn.1994). This court, however, has not disbarred an attorney for misappropriation of client funds when substantial mitigating factors were present. See, e.g., In re Rooney, 709 N.W.2d 268, 272 (Minn.2006). In their stipulation for discipline, the parties indicate that respondent raised several issues in mitigation to the Director, including that: respondent has mental health issues which were occurring at the time of her misconduct, including a diagnosis for major depression and acute stress disorder; respondent was experiencing extreme personal stress from a family situation during the time of her misconduct; and respondent made complete restitution to the association prior to a complaint being filed with the Director. This court has independently reviewed the file and approves the jointly recommended disposition. IT IS HEREBY ORDERED that respondent Chanel Gigi Melin is indefinitely suspended from the practice of law, effective 14 days from the date of filing of this order, with no right to petition for reinstatement for a minimum of two years from the date of this order. Respondent may petition for reinstatement pursuant to Rule 18(a)-(d), RLPR. Respondent shall comply with Rule 26, RLPR (requiring notice of suspension to clients, opposing counsel, and tribunals) and shall pay $900 in costs pursuant to Rule 24, RLPR. BY THE COURT: /s/Alan C. Page Associate Justice