08/05/2021
1 Pamela D. Bucy Case Number: PR 21-0354
Chief Disciplinary Counsel
2 P.O. Box 1099
Helena, MT 59624-1099
3 (406)442-1648
pbucv(ii montanaodc.oru
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Office of Disciplinary Counsel
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8 BEFORE THE COMMISSION ON PRACTICE OF THE
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SUPREME COURT OF THE STATE OF MONTANA
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IN THE MATTER OF JAMES Supreme Court Cause No.PR 21-0354
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MCCORMACK ODC File No. 20-132
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An Inactive Attorney, COMPLAINT
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Respondent.
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16 The Office ofDisciplinary Counsel for the State ofMontana("ODC"),hereby
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charges James McCormack with professional misconduct as follows:
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1. James McCormack,hereinafter referred to as Respondent, was admitted to
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20 the practice of law in the State of Montana in 2016, at which time he took the oath
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required for admission, wherein he agreed to abide by the Rules of Professional
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Conduct, the Disciplinary Rules adopted by the Supreme Court, and the highest
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standards of honesty, justice and morality, including but not limited to, those
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25 outlined in parts 3 and 4 of Chapter 61, Title 37, Montana Code Annotated.
Complaint - Page 1
1 2. The Montana Supreme Court has approved and adopted the Montana Rules
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of Professional Conduct ("MRPC"), governing the ethical conduct of attorneys
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licensed to practice in the State of Montana, which Rules were in effect at all times
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5 mentioned in this Complaint.
6 3. On March 11, 2020, Respondent pled guilty to Count I: Criminal Child
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Endangerment (Felony) of the State's Information filed in Montana Eleventh
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Judicial District Court, Flathead County, Cause No.DC 19-179.
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10 4. . On September 18, 2020, the District Court imposed a two-year deferred
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sentence subject to certain terms and conditions of probation. However, due to
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clerical error, the judgement was not reduced to writing until March 10, 2021.
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5. By Order filed August 3, 2021, the Montana Supreme Court, pursuant to
15 Rule 23B,RLDE(2021), determined that the criminal offense of which Respondent
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has been convicted affects the Respondent's ability to practice law, and directed
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ODC to file a formal complaint against Respondent predicated upon his criminal
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conviction.
20 6. Pursuant to Rule 8A(3), RLDE, conduct which results in conviction of a
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criminal offense is a ground for discipline.
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7. Pursuant to Rule 8.4(b), MRPC, it is professional misconduct for a
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24 lawyer to "commit a criminal act that reflects adversely on the lawyer's honesty,
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Complaint - Page 2
1 8. Pursuant to Rule 23C, RLDE, the sole issue to be determined in the
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formal disciplinary proceedings herein "shall be the extent ofthe final discipline to
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be imposed."
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5 WHEREFORE,the Office of Disciplinary Counsel prays:
6 1. That a Citation be issued to the Respondent, to which shall be attached a
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copy of the complaint, requiring Respondent, within twenty-one (21) days after
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service thereof, to file a written answer to the complaint;
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10 2. That a formal hearing be had on the allegations ofthis complaint before an
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Adjudicatory Panel of the Commission on the sole issue of the extent of the final
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discipline to be imposed upon the Respondent;
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3. That the Adjudicatory Panel of the Commission make a report of its
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as to the nature and extent ofappropriate discipline, including an award ofcosts and
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expenses incurred in investigating and prosecuting this matter; and,
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4. For such other and further relief as deemed necessary and proper.
20 DATED this day of 2021.
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OFFICE OF DISCIPLINARY COUNSEL
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By: OtAkklit6---
Pamela D. Bucy
25 Chief Disciplinary Counsel
Complaint - Page 3