STATE OF MINNESOTA IN SUPREME COURT Al5-1390
In rePetition for Disciplinary Action against Duane A. Kennedy, a Minnesota Attorney, Registration No. 0055128.
ORDER 

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January 5, 2016

OmcE.OF APPB.LAJECCUITS.

The Director ofthe Office ofLawyers Professional Responsibility filed a petition for disciplinary action allegingthatrespondent DuaneA. Kennedy committedprofessional misconduct warranting public discipline-namely, practicing law while on a disciplinary suspension; holding himselfout as authorized to practice law in Minnesota while he was suspended; and failing to clearly state that he was suspended in the written notices he provided to clients, counsel, and courts abouthis suspension. 

### See Minn. R. Prof. Conduct 3.4(c), 5.5(a), 5.5(b), and 8.4(d); 

### see also In re Kennedy, 864 N.W.2d 342, 351 (Minn. 20 15) (imposing a 30-day suspension and otherdiscipline). Thepartiesfiled a stipulationfor discipline. In it, respondent waiveshisrights under Rule 14, Rules on Lawyers Professional Responsibility (RLPR), withdraws the answer he previously filed, unconditionally admits the allegations in the petition, and with the Director recommends that the appropriate discipline is a public reprimand and the extension of his current disciplinary probation. Respondent acknowledged in the stipulationthat, "basedupon these admissions, this Court may impose any ofthe sanctions set forth in Rule 15(a)(l)-(9), RLPR, including making any disposition it deems
1appropriate" and that the Director had not made "any representations as to the sanctions the Court will impose." This court suspendedrespondent for aminimum of30 days, effectiveJune 25, 2015, for committing professional misconduct. See Kennedy, 864 N.W.2d at 351. Respondent has admitted to practicing law during this period ofdisciplinary suspension. To impose a public reprimand for respondent's unauthorized practice oflaw would make the original 30-day disciplinary suspension imposed by this court largely meaningless. See In re Jaeger, 834 N.W.2d 705,708 (Minn. 2013) (explainingthatthe court has applied "harsher discipline" when a lawyer practices law while on a disciplinary suspension, as compared to when a lawyer practices law while suspended for noncompliance with registration fees
or CLE requirements). As a result, we reject the parties' recommended discipline. We conclude that an appropriate disposition is a suspension for a minimum of30 days and a 2-year extension ofrespondent's current disciplinary probation. Based upon all the files, records, and proceedings herein, IT IS HEREBY ORDERED THAT: 1. Respondent Duane A. Kennedy is suspended from the practice oflaw for a minimum of30 days, effective 14 days from the date ofthis order; 2. Respondent shall comply with Rule 26, RLPR (requiring notice of suspension to clients, opposing counsel, and tribunals); 3. Respondent shall pay $900 in costs and disbursements pursuant to Rule 24, RLPR;
24. Respondent shall be eligible for reinstatement to the practice of law following the expirationofthe suspensionperiodprovidedthat, not lessthan 15 days before the end ofthe suspension period, respondent files with the Clerk ofAppellate Courts and
serves upon the Director an affidavit establishing that he is current in continuing legal educationrequirements, has compliedwithRules 24 and 26, RLPR, and has compliedwith any other conditions for reinstatement imposed by the court; 5. Upon reinstatement to the practice oflaw, respondent's current disciplinary probation shall be extended for an additional 2 years until July 25, 2019, subject to the following conditions: (a) Respondent shall cooperate fully with the Director's Office in its efforts to monitor compliance with probation. Respondent shall promptly respond to the Director's correspondence by the due date. Respondent shall provide the Director with a current mailing address and shall immediately notify the Director of any change of address. Respondent shall cooperate withtheDirector's investigation ofany allegations ofunprofessional conduct that may come to the Director's attention. Upon the Director's request. respondent shall provide authorization for release of information and documentation to verify compliance with the terms ofthis probation; (b) Respondent shall abide by the Minnesota Rules of Professional Conduct; (c) Respondent shall be supervised by a licensed Minnesota attorney, appointed by the Director, to monitor compliance with the terms of probation. Respondent's current probation supervisor may continue to supervise respondent ifthe supervisor is willing to do so. Ifnot, within 2 weeks from the date ofthis order, respondent shall provide the Directorwith thenames offour attorneys whohave agreedtobe nominated as respondent's supervisor. If, afterdiligenteffort, respondentisunableto locate a supervisor acceptable to the Director, the Director shall seek to appoint a supervisor. Until a supervisorhas signed a consent to supervise, respondent shall on the first day ofeach month provide the Director with an inventory ofclient files as described in paragraph (d) below. Respondent shall make active client files available to the Directorupon request; and
3(d) Respondent shall cooperate fully with the supervisor's efforts to monitorcompliancewithprobation. Respondent shall contactthe supervisor and schedule a minimum of one in-person meeting per calendar quarter. Respondent shall submit to the supervisor an inventory ofall active client files by the first day ofeach month during the probation. With respect to each active file, the inventory shall disclose the client name, type of representation, dateopened, mostrecent activity, nextanticipated action, and anticipated closing date. Respondent's supervisor shall file written reports with the Director at least quarterly, or at such more frequent intervals as the Director may reasonably request; and 6. Withrespectto this suspension,therequirementofRule 18(e)(3), RLPR, that respondent provide proof of successful completion of the professional responsibility portion of the state bar examination within I year ofthe date ofthis order is waived. Respondent, however, still must comply with Rule 18(e)(3), RLPR, with respect to the court's prior suspension order by filing with the Clerk ofAppellate Courts and serving upon the Directorproofofsuccessful completion oftheprofessional responsibility portion ofthe state bar examination by June 10,2016. 

### See Kennedy, 864 N.W.2d at 351. Failure to timely file the required documentation shall result in automatic re-suspension, as provided in Rule 18(e)(3), RLPR. Dated: January 5, 2016

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### BY THE COURT:

David R. Stras Associate Justice