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Wednesday, January 14, 2015

Re-Opened Rigged Civil Case 76-CV-10-155 Prompts John Besser To File Complaint Against Corrupt Messerli & Kraemer Attorney Bradley R. Armstrong. Hennepin Co Bar Association President Thomas Nelson Refuses To Report Armstrong To Bar Or Send Evidence To Lawyers Professional Responsbility Board (LPRB). LPRB Misuses Public Funds & Engages In Criminal Misconduct To Rig Investigation?


Complaint filed with US Attorney Against Office of Lawyers Professional Responsibility







Rigged Appeal: Misuse of Public Fund & Misconduct of Public Officials Pretending to Investigate




Minnesota Rules of Professional Conduct


Rule 8.3 Reporting Professional Misconduct

(a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects, shall inform the appropriate professional authority.

https://www.revisor.mn.gov/data/revisor/court_rules/pr/prcond-8.3_2011-01-18_01-30-52/prcond-8.3.pdf

(c) Investigatory Subpoena.
With the Board Chair or Vice-Chair’s approval upon the
Director’s application showing that it is necessary to
do this before issuance of charges under Rule 9(a),
the Director may subpoena and take the testimony of
any person believed to possess information concerning possible unprofessional conduct of a lawyer. The examination shall be recorded by such means as the Director designates. The District Court
of Ramsey County shall have jurisdiction over issuance of subpoenas and over motions arising from the examination
http://lprb.mncourts.gov/rules/LPRBPanelManual/LPRB%20Panel%20Manual.pdf



Appeal of Sham Investigation:



Rule 8. Director's Investigation (a) Initiating investigation. At any time, with or without a complaint or a District Committee's report, and upon a reasonable belief that professional misconduct may have occurred, the Director may make such investigation as the Director deems appropriate as to the conduct of any lawyer or lawyers; provided, however, that investigations to be commenced upon the sole initiative of the Director shall not be commenced without the prior approval of the Executive Committee. MINNESOTA COURT RULES - PROFESSIONAL RULES.
https://www.revisor.mn.gov/data/revisor/court_rules/pr/prrule-8_2011-01-18_01-31-12/prrule-8.pdf

 Sham Investigation - As predicted!



Procedures After Panel Hearing    Revised:January 22, 2010 
C. Timing of Probable Cause Determination
Rule 9(i)(7), RLPR, provides that, after the Panel hearing, “[t]he Panel shall
either recess to deliberate or take the matter under advisement.”
The more common and preferred practice has been for Panels to recess, deliberate, and announce their decision shortly after the hearing. It seems advisable to recess at least to determine whether or not brief deliberations will result in a decision.
Panels have occasionally taken matters under advisement and announced their
decisions after the hearing. Matters taken under advisement should be the exception. If
the matter is taken under advisement, the Panel should be mindful of any factors which
may unduly delay the decision, such as the geographical distance of Panel members
from each other or the expected unavailability of a Panel member. Panels that have
taken a matter under advisement should decide the matter within one week of the
hearing unless exceptional circumstances exist. The Director’s Office will advise the
Board Chair if a Panel fails to meet this timeline. The Board Chair will send a reminder
letter to the Panel Chair, advising the Panel of the need to make its determination promptly.


Thomas F. Nelson, 96th president of the Hennepin County Bar Association obstructs investigation:





http://lprb.mncourts.gov/AboutUs/Pages/LawyersBoardDirectory.aspx

Lawyers Board Directory


Member
Bio
Judith M. Rush,
St. Paul
Attorney member; current LPRB Chair; term expires January 31, 2016.  Director of Mentor Externship, University of St. Thomas School of Law; served 6 years as member of the Lawyers Board and served 6 years on the Ramsey County District Ethics Committee.  Areas of law:  appellate and family law and ethics and professional liability advisory work.
Kenneth S. Engel, Minneapolis
Attorney member.  Term expires January 31, 2016.  LPRB Vice-Chair.  Chair of LPRB DEC Committee.  Serves on the LPRB Executive Committee and Rules Committee.  Served on Hennepin County District Ethics Committee for 4 years.  Attorney in the firm of Engel Professional Association.  Areas of law:  Real estate, corporate, merger/acquisition/disposition, finance, and business/family business succession planning law, and strategic advisory counsel.  Experience also in construction, entrepreneurial private placement/PPM, entity formation and governance, franchising and employment law.
Joseph P. Beckman,
Edina
Attorney member.  MSBA nominee.  Term expires January 31, 2017.  Partner in the law firm of Hellmuth & Johnson.  Areas of law:  Current - Business Transactions (corporate governance, commercial transactions, technology); Past - Civil Litigation (contract disputes, business breakups, insurance coverage). 
Christopher D. Cain,
Mankato
Attorney member.  MSBA nominee; term expires January 31, 2016.  Serves on the LPRB DEC Committee.  Assistant City Attorney for the City of Mankato.  Served 5 years on the Sixth District Ethics Committee.  Adjunct Professor Minnesota State University – Mankato.  Areas of law:  Criminal law and forfeitures.
Paul F. Carlson, Wadena
Attorney member.  Term expires January 31, 2017.  Served on Seventh District Ethics Committee for six years.  Partner in the law firm of Kennedy, Carlson & Van Bruggen.  Focus on civil litigation and defense of electrical cooperatives in liability cases throughout the State of Minnesota.  Veteran of the U.S. Army and was awarded two Army Commendation Medals and the Korea Defense Service Medal.
Timothy M. Churchwell,
Long Prairie
Attorney member.  Term expires January 31, 2018.  Served on Seventh District Ethics Committee as an investigator for six years, and as Chair since 2012.  Shareholder in the firm of Peters & Churchwell, P.A.  Areas of law:  Municipal law, litigation and public service-oriented matters.
James P. Cullen, Minneapolis
Attorney member.  MSBA nominee.  Term expires January 31, 2017.  Served on Hennepin County District Ethics Committee for eight years.  Owner of Cullen Law Firm, Ltd.  Areas of legal experience:  Commercial and individual client litigation in state and federal courts; personal injury and professional liability civil actions; representation of medical professionals in civil, criminal and peer review matters and proceedings; criminal defense in state and federal courts; and service as an arbitrator in American Arbitration Association commercial and no-fault arbitration proceedings.
Norina Jo Dove, Minneapolis
Public member.  Term expires January 31, 2016.  Employed as a Senior Paralegal and Business Manager at Marilyn J. Michales & Associates, P.A.  Areas of expertise:  Family Law, Debtor/Creditor, Real Estate and Business Litigation. 
Thomas J. Evenson,
Minneapolis
Attorney member.  MSBA nominee.  Term expires January 31, 2018.  Shareholder at Lind, Jensen, Sullivan & Peterson, PA.  Participant in Minnesota Automobile Assigned Claims Bureau, MSBA Assembly, and Hamline University School of Law Alumni Association Board.  Areas of law:  General litigation, with an emphasis on products liability, wrongful death, construction defects, and fraud.
Roger Gilmore, Brooklyn Park
Public member.  Term expires January 31, 2017.  Serves on LPRB Executive Committee.  Served 10 years on Hennepin County District Ethics Committee.  Served as member of the Supreme Court Advisory Committee to Review Lawyer Discipline System 2007-2008.  Retired Captain, U.S. Navy Supply Corps., and retired Manager, FMC Corporation, Fridley.  Areas of expertise:  Defense Department contracting; contract administration and claims resolution; logistic support; program management; community mediation.
Nancy L. Helmich, Minneapolis
Public member. Term expires January 31, 2017. Retired. Serves on LPRB Rules Committee.  Formerly Senior Civil Litigation Paralegal at the Office of the Minnesota Attorney General for 29 years.
Mary L. Hilfiker, St. Paul
Public member.  Term expires January 31, 2017.  Served on Second District Ethics Committee.  Consultant for Indian Education for University of Wisconsin and DOE.  Areas of expertise:  Special education, mediation, arbitration, investigation.
Gary M. Hird,
St. Paul
Attorney member.  MSBA Nominee.  Term expires January 31, 2018.  Serves on the LPRB Rules Committee.  Served on 10th District Ethics Committees.  Chief Operating Officer, Southern Minnesota Regional Legal Services, Inc. (SMRLS).  Areas of law:  Family, real estate, bankruptcy, juvenile, criminal and corporate law as well as labor relations.
Anne M. Honsa, Minneapolis
Attorney member.  Term expires January 31, 2016.  Serves on LPRB Opinion Committee.  Served on the Fourth District Ethics Committee for 12 years - 4 years as Vice-Chair.  Founder of Honsa & Associates, P.A.  Area of law:  Family Law.
Bentley R. Jackson,         St. Paul
Public member.  Term expires January 31, 2017.  Adjunct Instructor at Rasmussen College - Law Enforcement Skills Program and Mankato State University.  Retired Burnsville police officer.  Areas of expertise:  Criminal, internal, and forensic investigations.
Shawn Judge,
Minneapolis
Public member.  Term expires January 31, 2018.  President and founder of The Speaker’s Edge, LLC.  Areas of expertise:  Strategic-communications consultant and certified Qualified Administrator of the Intercultural Discovery Inventory, experienced in leading small-group and individual training sessions to develop confident speakers who get results.  Clients include attorneys from major law firms and corporate executives.


Michael J. Leary, Burnsville
Public member. Term expires January 31, 2016. Serves on LPRB DEC Committee.  Served on the First District Ethics Committee for 2 years and the Second District Ethics Committee for 3 years.  Retired as Executive Vice President of International Dairy Queen, Inc.  Areas of expertise: Mediation and arbitration; management and contract issues. 
Cheryl M. Prince,        Duluth
Attorney member.  Term expires January 31, 2016.  Chair of LPRB Rules Committee.  Serves on LPRB DEC Committee.  Shareholder in the Duluth firm of Hanft Fride, P.A.  Served on Eleventh District Ethics Committee for many years, including 6 years as Chair.  Areas of law:  Family law and mediation.
Gail Stremel,
St. Paul
Public member.  Term expires January 31, 2018.  Served on Ramsey County District Ethics Committee for six years.  Served as division director of public assistance programs at Ramsey County Community Human Services.  Areas of expertise:  Social work and public administration.
Stacy L. Vinberg,   Granite Falls
Attorney member. Term expires January 31, 2017.  Serves on LPRB DEC Committee. Assistant County Attorney for the Yellow Medicine County Attorney's Office. Served on Twelfth District Ethics Committee for 10 years, including one year as Chair. Areas of law: real estate transactions, criminal prosecution, family law and probate.
Terrie S. Wheeler,      Rush City
Public member. Term expires January 31, 2018. Serves on LPRB Executive Committee and DEC Committee.  Served on Hennepin County District Ethics Committee for 2 years.  President of Professional Services Marketing, Inc. for over 20 years.  Areas of law:  Strong background in ethical marketing practices for lawyers, marketing consulting and coaching for lawyers, marketing CLE presenter.
Todd A. Wind, Minneapolis
Attorney member. Term expires January 31, 2017. Chair of LPRB Opinion Committee.  Shareholder in the firm of Fredrikson & Byron. Served on Hennepin County District Ethics Committee from 1998 to 2010 as investigator, Vice-Chair and Chair. Areas of law: civil litigation, antitrust, employment and construction.
Robin M. Wolpert,         St. Paul
Attorney member. MSBA nominee. Term expires January 31, 2016. Serves on LPRB Executive Committee.  Served on Nineteenth District Ethics Committee for 7 years.  Employed as Assistant County Attorney, Washington County Attorney's Office.

Original Complaint:

https://www.revisor.mn.gov/court_rules/rule.php?type=pr&subtype=cond&id=8.3
RULE 8.3: REPORTING PROFESSIONAL MISCONDUCT (a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects, shall inform the appropriate professional authority



https://www.revisor.mn.gov/court_rules/rule.php?name=prcond-8.4
Rule 8.4 Misconduct

It is professional misconduct for a lawyer to:

(a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;

(b) commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects;

(c) engage in conduct involving dishonesty, fraud, deceit, or misrepresentation;

(d) engage in conduct that is prejudicial to the administration of justice;

(e) state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law;

(f) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law;

http://www.stinsonleonard.com/ThomasNelson/
Thomas F Nelson, President
Hennepin County Bar Association (District 4)
Stinson Leonard Street
150 S Fifth St #2300
Minneapolis, MN 55402
P. 612.335-1500
F. 612.335.1657
E. tom.nelson@stinsonleonard.com


http://www.messerlikramer.com/attorney/bradley-r-armstrong
Bradley R. Armstrong, Attorney
Phone: (763) 548-7900
Email: barmstrong@messerlikramer.com

http://www.messerlikramer.com/location/plymouth-office
Messerli & Kramer Address:
3033 Campus Drive Suite 250
Plymouth, MN 55441
Phone:  (763) 548-7900
(877) 577-5601
Fax:  (763) 548-7922

http://lprb.mncourts.gov/AboutUs/Pages/LawyersBoardDirectory.aspx
Lawyers Professional Responsibility Board
Office of Lawyers Professional Responsibility
1500 Landmark Towers
345 St. Peter Street
St. Paul, MN 55102-1218
651-296-3952
1-800-657-3601
Fax: 651-297-5801