Legal Ethics

Double whammy for ex-judge: Removed from bench over residency issue, he is now suspended 90 days

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Removed from the bench last year for living outside his judicial district and lying about doing so, a former Minnesota judge is now facing a second round of punishment.

In a March 1 opinion (PDF), the Minnesota Supreme Court signed off on a 90-day suspension of his license to practice law, to which Alan Pendleton agreed.

The issues: While still on the bench, “failing to maintain residency in the judicial district in which he served; making a knowingly false statement in an affidavit of candidacy; and making misleading statements about his removal as a district judge in a blog,” the court writes.

Pendleton told the Minneapolis Star Tribune on Wednesday that his removal from the bench was “devastating.” He said he had never intended to live outside his judicial district but did so on a short-term basis because his son needed him.

“Everything I did was not as a judge, but rather as a father who was concerned only with helping his son through a difficult family medical emergency,” he told the newspaper.

At this point, however, Pendleton said he agreed to the discipline because he wants to put the matter behind him. “Really looking forward to the next chapter of my life,” he said.

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