Supreme Court reinstates attorney Clayton Halunen

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A divided Minnesota Supreme Court has reinstated Clayton Halunen to the practice of law after an indefinite suspension.

According to the Office of Lawyers Professional Responsibility, over a period of approximately 2½ years, Halunen engaged in sexual misconduct with subordinates at his firm. One employee, who was 19 years old at the time, was subjected to groping, unwanted kissing, sexually explicit text messages, requests for nude photographs, and sexual conduct. The employee reported feeling unable to refuse Halunen’s advances due to fear of losing his job. After the employee eventually resigned and disclosed the misconduct, Halunen allegedly threatened him with criminal charges and instructed him not to seek legal counsel.

Additionally, a second-year law student who worked for Halunen as an extern reported that he experienced repeated sexual and explicit communications from Halunen through social media. The extern reported that Halunen made unwanted sexual advances during an out-of-state trip and a separate visit to his cabin. The extern did not reciprocate these advances. He asserted that a tentative job offer had been withdrawn and could only be earned through his “performance.”

Halunen was indefinitely suspended from the practice of law on March 30, 2023, with no right to petition for reinstatement for one year. The OLPR had recommended a six-month suspension, followed by two years of supervised probation. However, the Minnesota Supreme Court thought that this recommendation did not go far enough.

In her concurrence and dissent in the 2023 order, Justice Anne McKeig argued that Halunen should have had a longer suspension, finding indefinite suspension with no right to petition for reinstatement for 18 to 24 months more appropriate. McKeig stated of Halunen, “He used his position as an attorney and employer to pressure his employees into acquiescing to his sexual advances. He also used his position as a prominent attorney to intimidate, threaten, and mislead his victims after they quit.”

Halunen applied for reinstatement in 2024. After a two-day hearing, a panel of the Lawyers Professional Responsibility Board considered testimony and evidence. The panel recommended that Halunen be reinstated and be on probation for three years, and Halunen and the OLPR director agreed.

The Minnesota Supreme Court agreed. It found that Halunen credibly testified to remorse, acceptance of responsibility, and recognition of the wrongfulness of his misconduct. A psychologist claimed that Halunen’s boundary problems were a secondary result of an untreated mental health condition (ADHD) which is now treated through medication and learning coping skills.

However, it was not a unanimous decision, with Justice McKeig disagreeing that Halunen demonstrated moral change through clear and convincing evidence. She was joined by Justice Sarah Hennesy.

McKeig focused on the fact that Halunen did not complete a professional boundaries training course that was recommended by a psychologist, but instead took an online sexual harassment training that lasted an hour. “While we did not require Halunen to take the course or meet with a boundary specialist to be reinstated, his decision not to do so shows that he did not take seriously the boundary issues that led directly to his misconduct,” McKeig stated.

McKeig also was skeptical that the boundary problems stemmed from ADHD. “The findings the court references are that Halunen had already received the diagnosis for ADHD and was already taking medication to treat it,” McKeig asserted.

“That Halunen has made a living representing clients who suffered sexual harassment, and seeks to return to that vocation, further underscores the need for Halunen to prove moral change,” McKeig wrote.

The majority opinion, written by Justice Gordon Moore, noted the dissent, saying, “We are not persuaded by the dissent’s contention that Halunen has failed to demonstrate moral change. The reasons set forth in the dissent are either unsupported by the record, based on outdated evidence, or do not alter our conclusion that Halunen has proven moral change when the record is considered as a whole.”

In a statement emailed to Minnesota Lawyer, Michael Johnson, president of Halunen Law, said, “Halunen Law is gratified that the Minnesota Supreme Court has reinstated Clayton Halunen to the practice of law. During his suspension and as required for reinstatement, Clayton has complied with all prescribed disciplinary measures, taken responsibility for his actions, and shown remorse and personal growth. Throughout this time, Halunen Law’s team of talented attorneys has continued to fight for the rights of employees and whistleblowers who challenge illegal actions in their workplace.

“More than 25 years ago, Clayton founded the firm on the cornerstone of seeking justice and fighting for the rights of others. We look forward to his return to the practice of law as we continue the firm’s legacy of exceptional legal work and achieve meaningful results for those we represent.”