09/13/2021
Pamela D. Bucy Case Number: PR 21-0354
Chief Disciplinary Counsel
2 P.O. Box 1099
Helena, MT 59624-1099
3 (406)442-1648
pbuc (almontanaodc.org
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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, AMENDED 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.
Amended 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 Amended Complaint.
6 3. On June 12, 2020, Respondent pled guilty to the amended charge of
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Criminal Endangerment (Felony) of the State's Information filed in Montana
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Eleventh Judicial District Court, Flathead County, Cause No. DC 19-179.
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10 4. On September 18,2020,the District Court pronounced a two-year deferred
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sentence subject to certain terms and conditions of probation. However, the
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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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Amended 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 of the 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 ofthe Amended Complaint,requiring Respondent, within twenty-one(21)days
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after service thereof, to file a written answer to the Amended Complaint;
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10 2. That a formal hearing be had on the allegations ofthis Amended Complaint
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before an Adjudicatory Panel of the Commission on the sole issue of the extent of
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the final 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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OF50ISCIPL1NARY COUNSEL
OFFICE1::
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By:
Pamela D. Bucy
25 Chief Disciplinary Counsel
Amended Complaint - Page 3