State court reprimands St. Cloud lawyer, former mayor

State court reprimands St. Cloud lawyer, former mayor
By Dave Aeikens • daeikens@stcloudtimes.com • February 18, 2010

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Buzz up!Twitter FarkIt Type Size A A A Lawyer and former St. Cloud Mayor John Ellenbecker on Thursday received a public reprimand and was placed on two years probation by the Minnesota Supreme Court.




Ellenbecker, who has practiced law since 1981, will be required to have another lawyer monitor his work practices while he is on probation, the Court said. Public reprimands with probation are handed out to about 50 lawyers a year among the more than 15,000 who practice in Minnesota, said Martin Cole, director of the Office of Lawyers Professional Responsibility. The Office of Laywers Professional Responsibility filed the request for discipline with the court.
Ellenbecker was disciplined because he failed to return the property of at least three clients and then failed to cooperate with the investigation, Cole said.
“We negotiated a resolution,” Ellenbecker said. “They recognized, and I recognized, that my primary failing was not dealing with the complaint to the board of professional responsibility in a timely manner.”
The petition from the state Supreme Court was signed by Associate Justice Alan Page. If Ellenbecker does not meet the conditions of the probation, he can be suspended or have his license revoked, Cole said.
The office can recommend and the court can order discipline for a lawyer using four options: a reprimand, a reprimand with probation, suspension and disbarment.
“A public reprimand is a significant discipline,” Cole said. “Even to be publicly reprimanded is a serious step for a lawyer and not something anyone takes lightly, I am quite certain.”
The order requires Ellenbecker to:
* Cooperate with the Office of Lawyers Professional Responsibility.
* Abide by Minnesota rules of professional conduct.
* Be supervised by a licensed lawyer that Cole appoints.
* Meet with the monitor one day a quarter and provide a monthly inventory of all active case files.
* Initiate and maintain office procedures that ensure prompt correspondence to clients, courts and other parties.
* Have an assessment from a licensed psychologist or other mental health professional for issues related to depression.
* Pay $900 in costs and $50 in disbursements.
Ellenbecker served as mayor from 2001-2005 and served on the St. Cloud City Council from 1989 to 2001.