North Dakota
North Dakota justices disciplined a Fargo judge candidate. He says he learned from the experience.
FARGO — A candidate for a choose put up in Fargo as soon as confronted disciplinary motion for representing each the sufferer and the alleged perpetrator in an assault and terrorizing case — a battle {that a} prosecutor mentioned he lied about.
Nonetheless, the candidate for choose, Blake Hankey, disputed that he lied in regards to the state of affairs.
Hankey, a lawyer who desires to take over for
East Central District Decide Steven Marquart
, was reprimanded in 2012 by the North Dakota Disciplinary Board and state Supreme Court docket. He was ordered to pay $7,160 for the disciplinary continuing prices.
The motion got here after Meredith Larson, a Grand Forks County prosecutor on the time, filed a criticism towards Hankey.
In keeping with the North Dakota Supreme Court docket ruling:
Hankey represented a defendant and an accuser in a 2011 case during which the defendant was accused of aggravated assault and terrorizing. Hankey didn’t inform Larson he was representing the 2 purchasers. When confronted about it, Hankey “falsely instructed (Larson) that he had cleared any battle together with his regulation companions,” the ruling mentioned.
A listening to panel of the North Dakota Disciplinary Board discovered Hankey violated legal professional guidelines surrounding conflicts of curiosity, that means he mustn’t have represented each purchasers. Nonetheless, the panel discovered his “false assertion” didn’t violate guidelines of conduct because it didn’t profit him. The panel additionally dominated he didn’t have to inform Larson that he was representing the accuser within the case.
The state Supreme Court docket mentioned in its ruling Hankey violated moral guidelines when he made the “false assertion,” in the end reversing the listening to panel’s determination on that matter.
Larson was unavailable for remark Thursday, June 9.
Hankey, who is also mayor of Harwood, North Dakota, acknowledged the incident in a current interview with The Discussion board. The legal professional of almost 20 years mentioned he has realized from it.
“I figured this might come up and I’ve accepted it,” he mentioned.
Hankey defined that the sufferer within the case, the girlfriend of the person accused, requested Hankey to symbolize her boyfriend. The girl instructed Hankey she lied to police and requested if he would symbolize her if the costs towards her boyfriend have been dismissed, Hankey mentioned.
“So it wasn’t going to be on the similar time,” he mentioned. “It was going to type of be an either-or.”
Hankey mentioned he cleared the illustration of the 2 purchasers with certainly one of his companions and had the purchasers signal conflict-of-interest waivers.
The girl additionally confronted eviction, so Hankey drafted a letter for her relating to that and a collections matter, he mentioned.
Hankey mentioned he instructed Larson he didn’t symbolize the girl within the felony matter however acknowledged representing the girl in civil instances.
Hankey disputed claims he lied about checking together with his accomplice to find out whether or not he may symbolize the 2 purchasers. He mentioned he cleared it together with his most senior administration accomplice, however not each.
“I believe that’s actually essential,” he mentioned. “It makes it sound like I simply blatantly lied to her and I made this up once I had cleared it with our most senior accomplice.”
Hankey finally withdrew from the case and refunded his retainer to the 2 purchasers. He additionally mentioned he complied with the method.
“There have been no unhealthy intentions going into this,” he mentioned.
The 2 purchasers mentioned they have been pleased with Hankey’s companies and that he didn’t trigger them harm, in response to the listening to panel’s transcripts and the state Supreme Court docket’s ruling. The defendant mentioned Hankey did the perfect he may underneath the circumstances, in response to the transcripts.
Hankey referred to as the incident remoted, noting he hasn’t confronted disciplinary motion since.
Hankey has practiced in all kinds of areas, together with felony protection, household regulation and private harm. He mentioned he’s devoted to his group, including that being a choose is his dream job.
“I will work more durable than anyone else,” he mentioned. “I’ll do every little thing and something I can in my energy to be the very best choose that I might be.”
Marquart introduced earlier this yr he wouldn’t search reelection. Hankey is working towards attorneys Jay Greenwood, David Chapman and Connie Cleveland. The highest two vote-getters in Tuesday’s major election will transfer on to the overall election in November.
If elected choose, Hankey must step down as mayor of Harwood.