Judge Romanick, Sandy Blunts trial judge (left) who worked with Prosecutor Feland in the Burliegh County State's Attorney's office, Cynthia Feland (center) now judge, Richard Riha (right) Cynthia Feland's boss during the Blunt trial
Although a number of other issues were examined during the hearing the decision is narrowly focused on the Wahl Memo. The recommendation is likely a reflection of the fact that the intent to withhold exculpatory evidence was not established. It is time that Judge Romanick give Sandy Blunt justice, if he can, Sandy needs his conviction overturned or a new trial.– Steve Cates
From the Decision:
“3. The Panel concludes Cynthia M. Feland did not disclose to Michael Hoffman, defense attorney for Charles Blunt, the Wahl memo, and other documents which were evidence or information known to the prosecutor that tended to negate the guilt of the accused of mitigate the offense.”
“8. ….North Dakota Standards for Imposing Lawyer Discipline 6.12, which provides, in part, suspension is generally appropriate when a lawyer knows that material information is improperly bind withheld, and takes no remedial action, and causes injury or potential injury to a party to the legal proceeding, or causes and adverse or potentially adverse effect on the legal proceeding.
North Dakota Standards for Imposing Lawyer Discipline 6.22, which provides suspension is generally appropriate when a lawyer knows that he or she is violating a court order or rule, and causes injury or potential injury to a client or a party, or causes interference or potential interference with a legal proceeding.”
“The Hearing Panel recommends to the North Dakota Supreme Court that Cynthia M. Feland be SUSPEDED from the practice of law for sixty (60) days and that she be ORDERED to pay the costs of the disciplinary proceeding in the amount of $11,272.21.”
The pdf of the complete ND Supreme Court Disciplinary Panel Findings of Fact, Conclusions of Law and Recommendation for Suspension