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North Dakota Supreme Court Affirms Unlicensed Practice Conviction

The North Dakota Supreme Court affirmed the criminal conviction of Mandy Deann Olson for practicing law without a license after she filed legal motions on behalf of an incarcerated defendant. The unanimous decision upholds strict enforcement of legal licensing requirements.

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4 min readcourtlistener
Seal of the North Dakota Supreme Court

Case Information

Case No.:
2026 ND 8
Judges:
Bahr, Douglas Alan

Key Takeaways

  • Mandy Olson was convicted of practicing law without a license after filing legal motions for incarcerated defendant Eric Grewe
  • The North Dakota Supreme Court unanimously affirmed her conviction in case No. 20250264
  • Olson signed court documents as Grewe's representative despite lacking legal credentials
  • The case reinforces strict enforcement of state licensing requirements for legal practice

The North Dakota Supreme Court affirmed the criminal conviction of Mandy Deann Olson for practicing law without a license, upholding a jury verdict that found her guilty of unauthorized legal practice under state law.

Olson was charged with violating N.D.C.C. § 27-11-01, a Class A misdemeanor, after filing legal documents on behalf of Eric Grewe, an incarcerated defendant in Wells County District Court. The charge stemmed from court filings she submitted on Oct. 20, 2024, in Wells County District Court case no. 52-2024-CR-00047.

The documents that led to her prosecution included a notice of motion, a motion for judgment of acquittal, a declaration, and a certificate of service. Each filing began with the phrase "Defendant, Eric Grewe, by and through his representative," indicating she was acting as Grewe's legal representative despite lacking a license to practice law.

Olson signed the notice of motion as "Mandy Olson, Representing Incarcerated Individual Eric Grewe, Defendant, Pro Se." The other documents bore similar signatures identifying her as representing the incarcerated defendant, along with her email address and physical address.

The case proceeded through the criminal justice system with deliberate pacing. On Jan. 16, 2025, the district court found probable cause and signed the criminal information against Olson. The court simultaneously issued an arrest warrant. Wells County Sheriff's Office arrested Olson on Feb. 27, 2025.

During pretrial proceedings, Olson filed multiple motions, including a motion to dismiss or exclude what she characterized as untimely discovery. The State responded by seeking contempt sanctions against Olson, escalating the legal conflict. After reviewing the responses and conducting hearings, the district court denied both Olson's motion to dismiss and the State's motion for sanctions.

The State subsequently moved to amend the charges, though the specific nature of the proposed amendments was not detailed in the court record available.

The case went to trial before a jury, which found Olson guilty of practicing law without a license. She appealed the conviction to the North Dakota Supreme Court, representing herself in the appellate proceedings.

Justice Bahr authored the unanimous opinion affirming the lower court's judgment. The high court's decision upholds the strict enforcement of North Dakota's licensing requirements for legal practice.

North Dakota law prohibits individuals from practicing law without proper licensing through the state bar association. The statute under which Olson was charged, N.D.C.C. § 27-11-01, makes unauthorized practice of law a Class A misdemeanor, punishable by up to one year in jail and fines up to $3,000.

The case highlights the legal boundaries surrounding representation of incarcerated individuals. While defendants have the right to represent themselves pro se, having another unlicensed person file legal documents on their behalf crosses into unauthorized practice of law.

Olson's case demonstrates how well-intentioned assistance to incarcerated individuals can result in criminal charges when it involves legal representation without proper credentials. The filing of formal legal motions, particularly substantive pleadings like motions for judgment of acquittal, constitutes the practice of law under North Dakota statutes.

The State's Attorney for Wells County, Oliver W. Bromke, prosecuted the case. The Honorable James D. Hovey presided over the district court proceedings in the Southeast Judicial District.

The Supreme Court's affirmance sends a clear message about the importance of maintaining licensing standards in legal practice. The decision protects both the integrity of the legal system and ensures that individuals receive representation from qualified attorneys.

Unauthorized practice of law cases, while not common, serve as important reminders of professional boundaries. The conviction stands as precedent for future cases involving non-lawyers who attempt to provide legal services or representation.

The case record shows Olson was from Strasburg, North Dakota, and represented herself throughout the appellate process. The criminal matter originated in Wells County, where Grewe's underlying case was pending.

This conviction reinforces North Dakota's commitment to maintaining professional standards in legal practice and protecting the public from unqualified legal representation, even when provided with good intentions.

Topics

criminal lawprofessional licensingunauthorized practice of lawappealspro se representation

Original Source: courtlistener

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