THE LARGEST COLLECTION OF LEGAL JOBS ON EARTH
LawCrossing Legal Daily News Feature
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superseded by the Child Support Enforcement.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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