Referee Recommends 60-Day Suspension for Attorney
A referee has recommended that attorney David Ludescher be suspended for at least 60 days over a frivolous eviction complaint and motion.
Updated on Nov. 10, 2026 in Apartments
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Referee Jon A. Maturi concluded in September that David Ludescher filed a frivolous eviction complaint and a subsequent frivolous motion for a new trial in a Faribault case pursued in 2024. The Minnesota Supreme Court will determine whether the recommended discipline is imposed.
Why it matters
The recommendation highlights how professional conduct rules apply to attorneys who pursue eviction claims on contested legal theories. Ludescher remains authorized to practice law while the Supreme Court considers the matter.
A referee recommended a suspension of at least 60 days, while the disciplinary director sought an indefinite suspension of at least four months. The district court had previously imposed $1,500 in sanctions and dismissed the eviction complaint.
The players
David Ludescher
A Northfield attorney whose handling of a Faribault eviction case led to a referee's recommendation of a suspension of at least 60 days.
Jon A. Maturi
The referee who concluded in September that Ludescher filed a frivolous eviction complaint and a subsequent frivolous motion for a new trial.
Minnesota Supreme Court
The state's highest court, which will determine whether the recommended suspension is imposed on Ludescher.
The details
Ludescher was retained to evict two tenants after a new owner acquired the rental property, arguing that the previous owner's lack of a rental license made the lease unenforceable against the new owner. The new owner cited concerns about property damage, access to the home, and potential penalties for continuing to rent without a license.
Timeline
December 2023: Ludescher was suspended for multiple professional conduct violations.
February 2024: Ludescher was reinstated and placed on two years of probation.
2024: The Faribault eviction case was pursued.
September: The referee concluded the eviction complaint and new-trial motion were frivolous.
February 2026: Ludescher's probation period ended.
Legal Context
Attorney discipline in Minnesota is governed by the state's professional conduct rules, which bar frivolous claims and filings. This referee recommendation follows the same disciplinary framework that led to Ludescher's December 2023 suspension and February 2024 reinstatement on probation.
Tenants and landlords involved in eviction disputes may see how courts treat frivolous filings and sanctions. Ludescher's ongoing authorization to practice law means clients facing similar matters may continue to be represented by him until the Supreme Court rules.
The takeaway
Eviction cases built on contested legal theories can draw sanctions and discipline when courts find the filings frivolous. Renters and property owners should confirm the licensing and lease status of any property before pursuing or defending an eviction.
What happens next
The attorney has until November 23 to file his brief with the Minnesota Supreme Court, and oral arguments may be scheduled before a decision is issued.
Further reading
For more on rental disputes and tenant cases, explore our Apartments coverage.
Source note: This article includes information reported by Southernminn.
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