dissenting.
In Disciplinary Bd. v. Ellis, 418 N.W.2d 788 (N.D.1988), we concluded that the hearing panel should have granted a request for a continuance because it was supported by a plausible medical reason that Ellis could not attend the scheduled hearing. Although not supported by a letter from a physician, the record in this ease reflects at least as plausible a reason that Peterson’s counsel could not attend the hearing. It reflects that as a result of the previous deposition disciplinary counsel was aware of the nature, if not the seriousness, of the illness of Peterson’s counsel. I therefore do not agree with the majority opinion that Peterson’s request “was not supported by *258a plausible medical reason that Peterson s counsel could not attend the scheduled hearing. Unless a procedure is adopted whereby continuances for medical reasons will be granted only upon the certificate of a physician, a procedure I do not understand to have been adopted by the Disciplinary Board to date, I believe the request of Peterson’s counsel for a continuance due to counsel’s illness should have been granted.
I recognize that Peterson was present in person at the hearing. However, he informed the panel that he was there against the advice of his counsel, and the short duration of the hearing and my review of the transcript of the hearing reveal that Peterson, despite his statement that he wanted “to get it over with” was ill prepared to conduct his defense before the panel.
Attorneys, no less than other persons, are entitled to due process. Ellis, supra. Cf. In re Eaton, 60 N.D. 580, 235 N.W. 587 (1931) [disbarment procedure highly criminal in its nature and respondent has a right to be apprised of the specific charges made against him and to limit investigation to charges so made]. I do not believe Peterson received due process in this instance. The request for a continuance was not frivolous. Peterson’s attorney was seriously ill at the time of the hearing and as a result of that illness is now deceased. I would remand to the Disciplinary Board so that Peterson may have a hearing at which, represented by counsel, he may relate his side of the story. Due process requires no less.