Disciplinary Board of the Supreme Court of the State of North Dakota v. Lee

[¶ 29] I agree with the Court’s ultimate disposition of this matter but write separately on a legal concern neither raised by the parties nor resolved by the majority.

[¶ 30] Our authority in lawyer disciplinary matters is broad:

“We generally prefer the full benefit of the adversarial process before deciding a matter. However, even without arguments and objections from the parties, we are obliged to correctly interpret and apply the law and ‘our duty is especially important in lawyer disciplinary cases where we adjudicate in the first instance rather than act as an appellate tribunal.’ ”

Discipl…