North Dakota Quandary over Child Support and Attorney License

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North Dakota Quandary over Child Support and Attorney License The broad powers of the Child Support Enforcement Division of the North Dakota Department of Human Services, though commendable, are raising questions about irresponsible implementation. A lawyer from Devils Lake, Rudolph Tollefson, has had his license to practice law suspended twice this year and last year because of late payments in child support. Tollefson was investigated by a disciplinary panel of the North Dakota Supreme Court for a number of violations including that he had practiced law while his license was suspended for not paying child support within time. Lawyers in North Dakota are raising questions over the issue, and the panel has asked the state Supreme Court to clarify whether the child support agency had the authority to strip Tollefson of his license to practice law granted by the bar.

While, according to Jim Fleming, the director of the

However, taking away the occupational license of the

child support enforcement agency of North Dakota,

provider only ensures further economic problems

Tollefson is the only lawyer to have his license

leading to lessening the ability to provide child support.

suspended over late child support payments, the

Seen that way, the provision is self-defeating.

issue is broader. According to rules and conventions of professional conduct already in place, the Supreme

Fleming, however, held that “For some … debtors, it’s

Court should have been the only authority to discipline

the leverage that works, to get them to come in and

attorneys while all others had the authority to conduct

negotiate a payment plan with us …We want them to

investigations and submit recommendations to the

start paying and start paying regularly.”

Supreme Court. However, at least in this instance, that authority of the Supreme Court seems to be

By taking away their ability to pay?

superseded by the Child Support Enforcement. That’s questionable when it comes to a professional license as

The child support agency, as explained by Neumann,

that of a practicing attorney.

holds that the attorney disciplinary process is cumbersome, and not streamlined enough to ensure

William Neumann, the director of the state Bar

child support, which needs to be immediate for the

Association of North Dakota is concerned that the

survival of the dependants.

rule that allows the Child Support Agency to discipline attorneys and take away their licenses to practice

According to estimates, there are more than 33,000

because of being late in child support is questionable.

cases before North Dakota’s child support agency and more than $93 million in payments up to September

The question is whether the rule is at all rational,

30, 2011. Almost seventy five percent of the amount

besides infringing on the powers of other statutory

was collected, but since 2003, there has also been

bodies including the Supreme Court. If a person is late

at least 14 cases where the agency has suspended

in child support payment, that can be either due to

occupational licenses.

personal negligence or genuine economic problems.

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