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In re Petition for Disciplinary Action against Post

September 16, 2004

IN RE PETITION FOR DISCIPLINARY ACTION AGAINST WILLIAM F. POST, JR., A MINNESOTA ATTORNEY,


The opinion of the court was delivered by: Paul H. Anderson Associate Justice

Registration No. 15443X.

ORDER

The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent William F. Post, Jr., has committed professional misconduct warranting public discipline, namely, respondent was convicted of felony driving while intoxicated (DWI) in violation of Rule 8.4(b), Minn. R. Prof. Conduct.

Respondent admits his conduct violated the Rules of Professional Conduct, waives his rights under to Rule 14, Rules on Lawyers Professional Responsibility (RLPR), and has entered in to a stipulation with the Director in which they jointly recommend that the appropriate discipline is a six-month stayed suspension and unsupervised probation for a period of five years subject to the following conditions:

a.Respondent shall cooperate fully with the Director's Office in its efforts to monitor compliance with this probation and promptly respond to the Director's correspondence by the due date. Respondent shall cooperate with the Director's investigation of any allegations of unprofessional conduct which may come to the Director's attention. Upon the Director's request, respondent shall provide authorization for release of information and documentation to verify compliance with the terms of this probation.

b.Respondent shall abide by the Minnesota Rules of Professional Conduct.

c.Respondent shall comply with the terms of his criminal probation, which include the following:

i.Respondent shall maintain total abstinence from alcohol and other mood-altering chemicals, except that respondent may use prescription drugs in accordance with the directions of a prescribing physician who is fully advised of respondent's chemical dependency before issuing the prescription.

ii.Respondent shall complete treatment for chemical dependency and any aftercare that may be recommended or prescribed by the treating facility.

iii.Respondent shall attend bi-weekly meetings of Alcoholics Anonymous or any other out-patient alcohol treatment program required by respondent's criminal probation.

iv.Respondent shall wear an alcohol monitoring device while serving the electronic home monitoring portion of his sentence.

v.Respondent shall complete a 30-day period of wearing a SCRAM bracelet each year, as required by his criminal probation.

vi.Respondent shall submit to random drug screening.

d.Upon completion of respondent's 30-day period of incarceration and/or work release, if eligible, respondent shall wear a SCRAM bracelet for a one-year period. Respondent shall not be required to wear the SCRAM bracelet any time during this one-year period if he is subject to the electronic home monitoring and alcohol sensor requirements of his criminal probation. Respondent agrees to pay the costs associated with the use of the SCRAM device and home monitoring. Respondent shall provide the Director with authorizations to monitor and receive reports regarding his compliance with the SCRAM device ...


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