On Wednesday, March 13, 2024, the Director of the Office of Lawyers Professional Responsibility of the Supreme Court of Minnesota filed a petition for disciplinary action against attorney Wesley R. Martins. The petition seeks reciprocal discipline based on an incident that occurred on August 28, 2023, where Martins was publicly disciplined by the Mille Lacs Band of Ojibwe Indians Court of Appeals.

The case is entitled “In Re Petition for Disciplinary Action against Wesley R. Martins.”

According to the petition, the Mille Lacs Band of Ojibwe Indians Court of Appeals publicly disciplined Martins for his alleged failure to provide competent representation to a client, failure to diligently represent a client at a hearing, and failure to participate in the discipline system process.

The disciplinary action taken by the Mille Lacs Band of Ojibwe Indians Court of Appeals resulted in a public reprimand and suspension from practicing law before the Mille Lacs Courts for a period of one year. The court’s order, attached as Exhibit 1 to the petition, details the specific violations of professional conduct rules, including Rules 1.1 (failure to provide competent representation), 1.3 (failure to diligently represent a client), and 8.1(b) (failure to participate in the discipline system process).

Under Rule 12(d) of the Rules on Lawyers Professional Responsibility, a final adjudication in another jurisdiction that a lawyer has committed misconduct establishes conclusively the misconduct for disciplinary proceedings in Minnesota. Therefore, the misconduct described in Exhibit 1 of the petition is considered conclusive.

The petition further states that the disciplinary procedures of the Mille Lacs Band of Ojibwe Indians Court of Appeals adhered to principles of due process and fundamental fairness. Martins was provided with notice of the proceedings and had an opportunity to participate by presenting evidence of good character and/or mitigation.

In light of these circumstances, the Director of the Office of Lawyers Professional Responsibility requests an order from the Minnesota Supreme Court directing Martins and the Director to inform the Court within thirty days whether they believe the imposition of identical discipline by the Minnesota Supreme Court would be unwarranted, along with the reasons for such a claim.

The allegations made in the petition will now be reviewed and considered by the Minnesota Supreme Court, which will ultimately decide on the appropriate disciplinary measures, if any, to be taken against Martins.

According to avvo.com, Mr. Wesley R. Martins practices in Duluth, Minnesota. He attended the University of Minnesota and was admitted to practice in Minnesota in 1970.

A copy of the original filing can be found here.