. OFFICEOF
APPELLATE COURTS
STATE OF MINNESOTA MAY 18 2015
IN SUPREME COURT
FILED
Al4-1076
In re Petition for Disciplinary Action against
Joseph Michael Capistrant, a Minnesota Attorney,
Registration No. 187112.
ORDER
The Director of the Office of Lawyers Professional Responsibility filed a petition
for disciplinary action alleging that respondent Joseph Michael Capistrant committed
professional misconduct warranting public discipline, namely, failure to promptly return
client files, in violation of Minn. R. Prof. Conduct 1.16(d); failure to inform a client that
his Wisconsin law license had been suspended and neglecting two lawsuits in Wisconsin,
in violation of Wis. R. Prof. Conduct 20:1.3, 20:1.4, 20:8.4(c), and 20:8.4(d); and failure
to cooperate with a disciplinary investigation, in violation of Minn. R. Prof. Conduct
8.1(b) and Rule 25(a), Rules on Lawyers Professional Responsibility (RLPR). After
respondent filed an answer to the petition, we referred the matter to a referee.
The referee made findings, conclusions, and a recommendation. The referee
concluded that respondent committed the misconduct alleged in the petition and that three
aggravating favors were present. The referee recommended that respondent be
indefinitely suspended with no right to petition for reinstatement for 6 months.
Because no party ordered a transcript of the proceedings before the referee, the
referee's findings and conclusions are conclusive. See Rule 14(e), RLRP. We issued a
briefing schedule. In his brief, the Director recommends that the court impose the
6-month suspension recommended by the referee. Respondent did not file a brief with
this court.
Based upon all the files, records, and proceedings herein,
IT IS HEREBY ORDERED that:
1. Respondent Joseph Michael Capistrant is indefinitely suspended from the
practice of law, effective 14 days from the date of the filing of this order, with no right to
petition for reinstatement for 6 months.
2. Respondent may petition for reinstatement pursuant to Rule 18(a)-(d),
RLPR. Reinstatement is conditioned on successful completion of the professional
responsibility portion of the state bar examination, satisfaction of continuing legal
education requirements pursuant to Rule 18(e), RLPR, and proof of compliance with the
terms of respondent's criminal probation.
3. 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.
Dated: May 18, 2015
BY THE COURT:
Associate Justice
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