IN RE DISCIPLINARY ACTION AGAINST JELLINGER

No. C3-00-1681.

655 N.W.2d 312 (2002)

In re Petition for DISCIPLINARY ACTION AGAINST Richard T. JELLINGER, an Attorney at Law of the State of Minnesota.

Supreme Court of Minnesota.

Rehearing Denied January 21, 2003.


Attorney(s) appearing for the Case

Edward J. Cleary, Director, Candace M. Hojan, Senior Assistant Director, Office of Lawyers Professional Responsibility, St. Paul, MN.

Edward F. Kautzer and Jack D. Nelson, St. Paul, MN, for Respondent Jellinger.

Heard, considered and decided by the court en banc.


O P I N I O N

PER CURIAM.

In this attorney-discipline proceeding, we review the referee's conclusion that although Respondent Richard T. Jellinger violated the Rules of Lawyers Professional Responsibility (RLPR), he proved by clear and convincing evidence that his depression provided mitigation. We hold that Jellinger's claim of mitigation was not fully supported by the evidence. We also review the referee's recommendation that we suspend Jellinger for one...

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