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North Dakota

ABA Model Rule 8.4(g) Efforts in North Dakota


Status of Action in North Dakota

April 2019
Status - The North Dakota Supreme Court's Joint Committee on Attorney Standards declined to adopt ABA Model Rule 8.4(g).

February 2019 
Professor Michael McGinniss of the University of North Dakota School of Law published an article entitled Expressing Conscience with Candor: Saint Thomas More and First Freedoms in the Legal Profession. The article provides a thorough analysis of the controversy surrounding ABA Model Rule 8.4(g). 

September 2017 
The North Dakota Supreme Court's Joint Committee on Attorney Standards, after discussion of ABA Model Rule 8.4(g) at its September 15 meeting, voted to reject ABA Model Rule 8.4(g). Members of the committee raised concerns ranging from the breadth of the rule to First Amendment issues.

March 2017 
The North Dakota Supreme Court requested that its Joint Committee on Attorney Standards consider the recent amendment by the American Bar Association to its Model Rule 8.4(g). After discussion of the model rule at its March 24 meeting, the committee voted to table the issue until the committee's meeting in the fall of 2017.