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In the Matter of the Complaint of SUMMARY DISMISSAL DONALD THEODORE MASHAK P.O. Box 231 Albertville, MN. 55301 against ALEXANDER WINSLOW ROGOSHESKE, a Minnesota Attorney, Registration No. 394904. TO: DONALD THEODORE MASHAK: While attending a hearing in a civil court matter, you were arrested and charged with disorderly conduct. Alexander Rogosheske was the public defender assigned to represent you. You were dissatisfied with Mr. Rogosheske’s performance and his representation of you. This complaint is dismissed for the following reason. Rule 8(b), Rules on Lawyers Professional Responsibility, states, No investigation shall commence on a complaint by or on behalf of a party represented by court appointed counsel, insofar as the complaint against the court appointed attorney alleges incompetent representation by the attorney in the pending matter. Any such complaint shall be summarily dismissed without prejudice, The Director's dismissal shall inform the complainant that the complaint may be sent to the chief district judge or trial court judge involved in the pending matter, The judge may, at any time, refer the matter to the Director for investigation In addition, Rule 8(¢), states that “a summary dismissal by the Director under Rule 8(b) shall be final and may not be appealed to a Board member for review.” These rules were adopted by the Minnesota Supreme Court. The rules do not allow this Office to investigate complaints against public defenders or other court-appointed attorneys, unless a judge refers the matter or the criminal matter is, completed. If the criminal matter is completed, and a conviction has been entered, this Office will normally recommend that a person who is dissatisfied with defense counsel or the prosecutor seek whatever relief may be available through the appellate courts, Mr. Rogosheske is, by way of a copy of this determination and your complaint, being notified of your complaint and our decision not to investigate. Dated: November 2-5 2014 MARTIN A. COLE DIRECTOR OF THE OFFICE OF LAWYERS. PROFESSIONAL RESPONSIBILITY 1500 Landmark Towers 345 St. Peter Street St. Paul, MN 55102-1218 (651) 296-3952 Patrick R. Burns First Assistant Director ce: Alexander Winslow Rogosheske

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