STATE OF MINNESOTA
fiL
March 1, 2016
IN SUPREME COURT Om:cEOF
API'B.IA'IEca.rs
A15-1996
In rePetition for Disciplinary Action against
Alan F. Pendleton, a Minnesota Attorney,
Registration No. 0121538.
ORDER
The Director of the Office of Lawyers Professional Responsibility has filed a
petition for disciplinary action alleging that respondent Alan F. Pendleton committed
professional misconduct warranting public discipline-namely, while serving as a district
court judge, failing to maintain residency in the judicial district in which he served; making
a knowingly false statement in an affidavit of candidacy; and making misleading
statements about his removal as a district court judge in a blog. See Minn. R. Prof. Conduct
7.1, 8.4(c), and 8.4(d).
The parties filed a stipulation for discipline. In it, respondent waives his procedural
rights under Rule 14, Rules on Lawyers Professional Responsibility (RLPR), and
unconditionally admits the allegations in the petition. The parties jointly recommend that
the appropriate discipline is a 90-day suspension.
The court has independently reviewed the file and approves the recommended
disposition.
Based upon all the files, records, and proceedings herein,
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IT IS HEREBY ORDERED THAT:
1. Respondent Alan F. Pendleton is suspended from the practice of law for a
minimum of90 days, as of the date ofthis order;
2. Respondent shall pay $900 in costs pursuant to Rule 24, RPLR;
3. Respondent shall comply with Rule 26, RLPR (requiring notice of
suspension to clients, opposing counsel, and tribunals);
4. Respondent shall be eligible for reinstatement to the practice of law
following the expiration of the suspension period provided that, not less than 15 days before
the end of the suspension period, respondent files with the Clerk of Appellate Courts and
serves upon the Director an affidavit establishing that he is current in continuing legal
education requirements, has complied with Rules 24 and 26, RLPR, and has complied with
any other conditions for reinstatement imposed by the court; and
5. Within 1 year of the date ofthis order, respondent shall file with the Clerk of
Appellate Courts and serve upon the Director proof of successful completion of the
professional responsibility portion of the state bar examination. Failure to timely file the
required documentation shall result in automatic re-suspension, as provided in Rule
18(e)(3 ), RLPR.
Dated: March 1, 2016 BY THE COURT:
D
Associate Justice
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GILDEA, C. J., took no part in the consideration or decision of this case.
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