LAWYER DISCIPLINE
NOTICE OF ORDER SUSPENDING ATTORNEY In the Matter of the Application for Disciplinary Action Against David R . Spencer , a person admitted to the Bar of the State of North Dakota No . 20240012
Effective February 12 , 2024 , Spencer was suspended for 30 days with conditions . Disciplinary Bd . v . Spencer , 2024 ND 28 , 3 N . W . 3d 122 . On March 14 , 2024 , disciplinary counsel moved for an order to show cause based on Spencer ’ s alleged failure to comply with the conditions imposed . On April 4 , 2024 , the matter was remanded to a panel of the disciplinary board for hearing and recommendation . On May 14 , 2024 , a panel of the disciplinary board conducted a hearing on the Motion to Show Cause .
On August 19 , 2024 , the panel issued findings of fact , conclusions of law , and recommendations . The panel concluded Spencer failed to comply with the conditions imposed on February 12 , 2024 , most significantly , he did not timely obtain a mental health evaluation , he did not timely establish a monitoring program , and his lack of compliance with the conditions warranted imposition of discipline under N . D . R . Lawyer Discipl . 1.3 ( 8 ). The panel recommended
Spencer provide disciplinary counsel proof within 30 days that the monitoring program has been established ; that if Spencer did not submit proof the monitoring program has been established within 30 days , the hearing panel recommended Spencer be suspended an additional 30 days or until the proof has been submitted , whichever is latest ; and that Spencer be assessed $ 250.00 in costs and expenses and be ordered to pay that amount within 30 days . No objections were filed to the findings of fact , conclusions of law , and recommendations of the hearing panel .
The Supreme Court accepted the hearing panel ’ s report but ordered Spencer be suspended from the practice of law for 30 days , effective December 12 , 2024 . The Court ordered Spencer to pay $ 250 in costs and expenses of the disciplinary proceeding and that Spencer ’ s probation condition as provided for in Disciplinary Bd . v . Spencer , 2024 ND 28 , 3 N . W . 3d 122 remain in effect .
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