Pertler agrees to disbarment

In an agreement filed July 29, former Carlton County attorney Thom Pertler waived his right to a hearing and agreed to disbarment for committing “professional misconduct warranting public discipline.”

That could change, though.

The final decision would be up to the Minnesota Supreme Court, which has taken the discipline under advisement. The Minnesota Supreme Court could accept the recommendation or take an entirely different path, according to Susan Humiston, director of the Office of Lawyers Professional Responsibility, who filed the petition against Pertler on July 6. The Office of Lawyers Professional Responsibility is an agency of the state judicial branch which investigates ethics complaints against lawyers and, if warranted, will pursue disciplinary action.

The misconduct petition centered around Pertler’s failure to follow through with his duties to disclose all exculpatory evidence (favorable to defendants), specifically by not disclosing misconduct by then Cloquet police officer Scott Beckman that reflected on Beckman’s credibility and honesty. According to the petition, Pertler knew about Beckman’s misconduct but never revealed that knowledge to any defense attorneys or even prosecuting attorneys in his own office as required by the US Supreme Court case Brady v. Maryland, along with the Minnesota Rules of Criminal Procedure and the Minnesota Rules of Professional Conduct.

The petition also states that Pertler failed to disclose the information about the police misconduct to those who needed it, and failed to train the staff in his office regarding Brady requirements, leading to the dismissal of 19 pending criminal cases and the retroactive dismissal and expungement of eight cases that had resulted in conviction, including the release of one defendant who was incarcerated.

Pertler was Carlton County Attorney from January 2005 through December 2018.

According to the stipulation for discipline filed July 29, Pertler (representing himself) and Humiston, for the Office of Lawyers Professional Responsibility, agreed to disbarment (losing his license to practice law) and payment of $900 in costs to resolve the petition filed against the former county attorney.

In the agreement, Pertler unconditionally admitted to the allegations contained in the petition.

In signing the stipulation for discipline, Pertler also waived his rights to have a referee (an appointed senior judge) conduct a hearing on the charges against him, or argue any of the referee’s findings and conclusions before the Minnesota Supreme Court.

The Minnesota Supreme Court just ended its most recent term and will start hearing cases again in September.

Additionally, in a search of Minnesota Lawyer records of public discipline or disability, Pertler is also not authorized to practice because his license has been suspended for nonpayment of fees.

Pertler told the Pine Knot News that he would not comment on the case.