Eugene F. Kelly - Transfer to Disability Inactive Status

1 STATE OF MINNE SOTA IN SUPREM E COURT A2 6- 0026 In re Petiti on for Tra nsfer to Disability Inacti ve Status of E ugene F. K elly, a Minne sota Attor ney, Registratio n No. 0226 336. ORDER The Director o f the Office of La wyers P rofessio nal Responsi bility has fi led a petition under Rule 28, Rules on Lawyers Professi onal Respo nsibility (RLPR), f or transfe r of respondent Eugene F. Kelly to disab ility inact ive status. During the Direc tor’s investigatio n of complaint s against r espondent, h e asserted t hat, d ue to a disab ility, he is u nable to ass ist in his defen se and is u nable to compete ntly repres ent clien ts or ot herwise engage in the practice of law. Res pondent pro vided infor mation and ev idence re garding his d isability to the Direct or, and t he Di rector ind ependent ly obtaine d medical records that c onfirm respondent’ s disab ility. Respondent has entere d into a s tipulation wit h the Directo r in whic h they jo intly recommend tha t we transfer resp ondent t o disabilit y inactive status under Ru les 28(a) and (c), RLPR, wi thout furth er proceedin gs, and stay the pendi ng disciplina ry investiga tions of responden t. T he par ties have als o agreed th at if responde nt seek s reinst atement, th e stay of the dis ciplinary investigat ions w ill be automaticall y lifted, a nd that du ring the reinstatemen t process, the a llegations of m isconduc t arising out of the investigatio ns must be considered an d a recommend ation as to the a ppropr iate dis cipline, if any, must b e made to the c ourt. Date: 2026.02. 26 15:22:19 -06'00'

2 The c ourt has review ed the petition a nd stipulati on and conc ludes that transfer to disability in active statu s and a stay of t he pending disc iplinary inv estigations a re appropriat e. Based upon all the fil es, records, and p roceedin gs herein, IT IS HERE BY ORDE RED THAT: 1. Respondent Eugene F. Kelly is tra nsferre d to di sability i nactive s tatus e ffective as of the date o f this o rder. Wh ile on d isabilit y inactive status, responden t must not render legal advice, discuss legal matt ers with cl ients, or o therwise e ngage i n the practice of law. 2. Respondent must comp ly with Rule 26, RLPR (requiring n otice of tra nsfer to disability i nactive st atus to clie nts, oppo sing co unsel, and t ribunals). 3. The pending disciplinary in vestigatio ns of res pondent are stayed until such time as r espondent peti tions for reinstate ment to t he active practice of law under Rul es 18 and 28(d), RLPR. Upo n the fil ing of a petition for rei nstatement, the stay of the disc iplinary investigati ons will auto matically be l ifted. In addit ion to the req uirement s of Rules 18 a nd 28(d), RLPR, the reinstate ment procee dings will involve a d eterminatio n of whether discipline i s warrante d. 4. Reinstateme nt is furth er conditio ned on r espondent establish ing through expert med ical evid ence t hat he has under gone tr eatment and has made recover y such that he is physi cally and p sychologic ally fit to resume the p ractice of law. Dated: Feb ruary 26, 2026 BY THE CO URT: Gordon L. Moore, III Associate J ustice