STATE OF MINNESOTA December 28, 2016
OmcEOF
IN SUPREME COURT Arra.IA1EC · · s
A15-1316
In re Petition for Disciplinary Action against
John Nwabuwane Akwuba, a Minnesota Attorney,
Registration No. 0280446.
ORDER
By order filed on November 13, 2015, we suspended respondent John Nwabuwane
Akwuba from the practice of law for a minimum of 60 days. Our order expressly stated
that within 1 year of the date of the filing of the order, respondent was required to file
with the Clerk of the Appellate Courts proof of his successful completion of the
professional responsibility portion of the state bar examination (MPRE) and that failure
to do so would result in automatic re-suspension, pending successful completion of this
requirement. See Rule 18( e )(3 ), Rules on Lawyers Professional Responsibility (RLPR).
By order filed on November 25 , 2015, we amended the conditions of probation to which
respondent would be bound upon reinstatement. That order again expressly stated the
requirement that, by November 25, 2016, respondent comply with Rule 18(e)(3), RLPR,
by filing with the Clerk of the Appellate Courts proof of his successful completion of the
MPRE and that failure to do so would result in automatic re-suspension. In re Akwuba,
872 N.W.2d 523, 523 (Minn. 2015) (order).
We conditionally reinstated respondent effective January 26, 2016. In re Akwuba,
873 N.W.2d 871, 872 (Minn. 2016) (order). Our order reinstating respondent again
repeated the requirement that, by November 25, 2016, respondent file with the Clerk of
Appellate Courts proof of successful completion of the MPRE and that failure to do so
would result in automatic re-suspension, pending successful completion of the
examination. !d.
Rule 18( e )(3), RLPR, provides that, unless waived by this court, a lawyer who has
been suspended for 90 days or less "must, within one year from the date of the
suspension order, successfully complete such written examination as may be required for
admission to the practice of law by the State Board of Law Examiners on the subject of
professional responsibility." Furthermore, "[ e ]xcept upon motion and for good cause
shown, failure to successfully complete this examination shall result in automatic
suspension of the lawyer effective one year after the date of the original suspension
order:· !d.
Respondent did not provide this court with proof by November 25, 2016, that he
successfully passed the MPRE. By order dated December 6, 2016, the court gave
respondent 10 days to file proof of cause why he should not be immediately suspended
pending his successful completion of the MPRE. In re Akwuba, No. A 15-1316, Order at
1-2 (Minn. filed Dec. 6, 20 16). This order stated that if no proof of cause was filed
within 10 days, respondent "shall be immediately suspended without further notice or
proceedings." !d. at 2. Respondent did not respond to the court's December 6 order to
show cause.
Based on all the files, records, and proceedings herein,
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IT IS HEREBY ORDERED that respondent John Nwabuwane Akwuba's
conditional reinstatement is revoked and that he is indefinitely suspended, effective
10 days trom the date of the filing of this order. Respondent shall comply with Rule 26,
RLPR (requiring notice of suspension to clients, opposing counsel, and tribunals).
Respondent may apply for reinstatement under Rule 18(£), RLPR. by filing with the
Clerk of the Appellate Courts and the Director of the Office of Lawyers Professional
Responsibility proof that he has received a passing score on such written examination as
may be required for admission to the practice of law by the State Board of Law
Examiners on the subject of professional responsibility.
Dated: December 28, 2016 BY THE COURT:
David R. Stras
Associate Justice
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