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In re Petition for Disciplinary Action against Willie Herman Davis: ETHICS - 6-month suspension stayed on conditions, 7-year probation after felony DWI

In re Petition for Disciplinary Action against
Willie Herman Davis, a Minnesota Attorney,
Registration No. 298384.
The Director of the Office of Lawyers Professional Responsibility has filed a
petition for disciplinary action alleging that respondent Willie Herman Davis committed
professional misconduct warranting public discipline, namely, felony driving while
impaired, in violation of Minn. R. Prof. Conduct 8.4(b).
Respondent admits his conduct violated the Rules of Professional Responsibility,
waives his procedural rights under Rule 14, Rules on Lawyers Professional
Responsibility, and has entered into a stipulation with the Director in which they jointly
recommend that the appropriate discipline is a 6-month suspension from the practice of
law and seven years of unsupervised probation. The parties recommend that
respondents suspension be stayed on condition that respondent not engage in similar
misconduct and abide by the terms of his probation.
The court has independently reviewed the file and approves the jointly
recommended disposition.
Based on all the files, records, and proceedings herein,
IT IS HEREBY ORDERED that respondent Willie Herman Davis is suspended
from the practice of law for six months and is placed on unsupervised probation for a
period of seven years. Respondents suspension is stayed subject to the following
a. Respondent shall cooperate fully with the Directors Office in its
efforts to monitor compliance with his probation and shall promptly
respond to the Directors correspondence by the due date. Respondent shall
cooperate with the Directors investigation of any allegations of
unprofessional conduct that may come to the Directors attention. Upon the
Directors request, respondent shall provide authorization for release of
information and documentation to verify compliance with the terms of this
b. Respondent shall abide by the Minnesota Rules of Professional
c. Respondent shall comply with the terms of his criminal probation.
d. Respondent shall provide the Director with authorizations to monitor
and receive reports regarding his compliance with his criminal probation,
including biological fluid testing and home monitoring. Any positive read
for ingested alcohol or mood-altering chemicals that are not prescribed by a
physician or dentist will be grounds for revoking the stay of respondents
suspension from the practice of law.
e. Respondent shall, at his own expense, no more than four times per
month, submit to random urinalysis for drug screening at a facility
approved by the Director. These drug screenings shall be in addition to any
screenings required by respondents criminal probation. Respondent shall
direct the drug screening facility to provide the results of all urinalysis
testing to the Directors Office. If, after six months, all such tests have
been negative, then the frequency of the random tests may be reduced or
terminated at the Directors discretion. Respondent shall cooperate with
the phone-in program established by the Director for the random tests. Any
failure to phone-in in accordance with the random test program shall be
considered the same as a positive test result. Any positive test shall be
grounds for revoking the stay of respondents suspension from the practice
of law.
f. Respondent shall, by the tenth day of each month, without a specific
reminder or request, submit to the Director an attendance verification for
Alcoholics Anonymous, or any other treatment program required under the
terms of respondents criminal probation, on a form supplied by the
Director that provides the name, address, and telephone number of the
person personally verifying respondents attendance.
g. Should respondent be discharged from his criminal probation before
the seven year period imposed in the district courts February 28, 2007,
sentencing order, the Director may in his discretion reduce the duration of
respondents disciplinary probation in accordance with respondents
discharge by community corrections.
Respondent shall pay 0 in costs pursuant to Rule 24, RLPR.
Dated: October 17, 2007
Helen M. Meyer
Associate Justice


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