On Friday, December 1, 2023, the North Dakota Supreme Court issued an order to transfer Fargo attorney Kristin A. Overboe to incapacitated status under NDR Lawyer Discipline Rule 5.1(C).
The case is titled ‘Disciplinary Board of the Supreme Court of the State of North Dakota v. Kristin A. Overboe’ with case no. 2023 ND 229.
The disciplinary matter stemmed from Attorney Oberboe’s conduct which demonstrates the presence of a mental condition that adversely affects her ability to practice law.
In August 2023, Attorney Overboe’s license was suspended for six months and one day for violating several rules of professional conduct regarding competence, scope of representation, communication with clients, declining or terminating representation, and fairness to opposing party and counsel.
In November 2022, Attorney Overboe interacted inappropriately via electronic communications with the Clerk of the North Dakota Supreme Court. When confronted about the unprofessional behavior, Overboe admitted to being intoxicated. Attorney Overboe had a second similar interaction with the Clerk ten days later and again admitted to being intoxicated.
Shortly after the incidents with the Clerk, Overboe submitted filings in her personal divorce proceedings in which she stated she had been experiencing delusions and hearing things. She also disclosed a diagnosis of post-traumatic stress disorder from her therapist and said her mental illness made basic tasks difficult. Attorney Overboe additionally made unsupported allegations regarding inappropriate relationships.
Based on these events, a hearing panel concluded in October 2023 that Overboe’s mental condition adversely affected her ability to practice law competently and posed a danger to the public and profession. The Supreme Court accepted the hearing panel’s findings and recommendations to transfer Attorney Overboe to incapacitated status under Rule 5.1(C).
In part, the disposition reads:
“T IS ORDERED that as outlined above, the findings of fact, conclusions of law, and recommendations by the hearing panel are accepted.
IT IS FURTHER ORDERED that Kristin A. Overboe is placed on incapacity inactive status under N.D.R. Lawyer Discipl. 5.1(C) until further order of the Court.”
According to Avvo, Attorney Kristin A. Overboe is a family lawyer based in Fargo, North Dakota. She attended the Ohio Northern University-Claude W. Pettit College of Law, graduating in 2010. She acquired her license in North Dakota in the same year.
A copy of the original filing can be found here.