01/31/2024
1
Pamela D. Bucy Case Number: PR 24-0043
2 Chief Disciplinary Counsel
P.O. Box 1099
3
Helena, Montana 59624
4 Tel: (406) 442-1648
pbucy@montanaodc.org
5
6
Office of Disciplinary Counsel
7
8
9 BEFORE THE COMMISSION ON PRACTICE OF THE
10 SUPREME COURT OF THE STATE OF MONTANA
11
*************
Supreme Court Cause No. PR 24-0043
12 IN THE MATTER OF
ODC File No. 22-256
13 KA THERINE A. PROCTOR,
COMPLAINT
14 A Suspended Attorney,
Rule 8.4, MRPC
15 Respondent.
16
17 The Office of Disciplinary Counsel for the State of Montana ("ODC"), hereby
18 charges Katherine A. Proctor with professional misconduct as follows:
19
1. Katherine A. Proctor, hereinafter referred to as Respondent, was admitted
20
to the practice of law in the State of Montana in 2009, at which time Respondent
21
22 took the oath required for admission, wherein she agreed to abide by the Rules of
23 Professional Conduct, the Disciplinary Rules adopted by the Supreme Court, and the
24
highest standards of honesty, justice and morality, including but not limited to, those
25
Complaint - Page 1
outlined in parts 3 and 4 of Chapter 61, Title 37, Montana Code Annotated.
1
2 2. The Montana Supreme Court has approved and adopted the Montana Rules
3
of Professional Conduct ("MRPC"), governing the ethical conduct of attorneys
4
licensed to practice in the State of Montana, which Rules were in effect at all times
5
6
mentioned in this Complaint.
7 3. Respondent was charged by Information on January 24, 2022, with
8
Aggravated Assault, a felony, in violation of §45-5-202, MCA, (Count I) and
9
Accountability for Aggravated Assault, a felony, in violation of §45-2-301/45-5-
10
11 202, MCA, (Count II). The Information alleged that between on or about June 28,
12 2021 through September 29, 2021, Respondent purposely or knowingly caused
13
serious bodily injury to her infant child, P.P. Respondent, either before or during the
14
commission of Aggravated Assault against P.P., solicited, aided, abetted, agreed or
15
16 attempted to aid another in the planning or commission of serious bodily injury to
17 P.P.
18
4. Following a jury trial held on December 5 — December 15, 2022,
19
Respondent was found guilty of Assault on a Minor, a felony, in violation of §45-5-
20
21 212, MCA. The jury additionally found, beyond a reasonable doubt, that, at the time
22
of the offense, the victim was under thirty-six (36) months of age and the assault
23
resulted in serious bodily injury.
24
25
//
Complaint - Page 2
5. On June 9, 2023, Respondent was sentenced to the Montana State Prison
1
2 for twenty (20) years, with no time suspended.
3
6. By Order filed January 30, 2024, the Montana Supreme Court, pursuant to
4
Rule 23B, Rules for Lawyer Disciplinary Enforcement ("RLDE"), determined the
6
criminal offense of which Respondent has been convicted affects the Respondent's
7 ability to practice law, suspended Respondent from the practice of law pending
8
disposition of disciplinary proceedings, and directed ODC to file a complaint against
9
Respondent predicated upon her criminal conviction.
10
11 7. Pursuant to Rule 8A(3), RLDE, conduct which results in conviction of a
12 criminal offense is a ground for discipline.
13
8. Pursuant to Rule 8.4(b), MRPC, it is professional misconduct for a lawyer
14
to "cornmit a criminal act that reflects adversely on the lawyer's honesty,
15
16 trustworthiness or fitness as a lawyer in other respects[.]"
17 9. Pursuant to Rule 23C, RLDE, the sole issue to be determined in the formal
18
disciplinary proceedings herein "shall be the extent of the final discipline to be
19
20
imposed."
21 WHEREFORE, the Office of Disciplinary Counsel prays:
22
1. That a Citation be issued to the Respondent, to which shall be attached a
23
copy of the complaint, requiring Respondent, within twenty-one (21) days after
24
25
service thereof, to file a written answer to the Complaint;
Complaint - Page 3
2. That a formal hearing be had on the allegations of this Complaint before
1
2 an Adjudicatory Panel of the Commission;
3
3. That the Adjudicatory Panel of the Commission make a report of its
4
findings and recommendations after a formal hearing to the Montana Supreme
5
6
Court, and, in the event the Adjudicatory Panel finds the facts warrant disciplinary
7 action and recommends discipline, that the Commission also recommend the nature
8
and extent of appropriate disciplinary action, including an award of costs and
9
expenses incurred in investigating and prosecuting this matter; and,
10
11 4. For such other and further relief as deemed necessary and proper.
12
DATED this 31st day of January, 2024.
13
14
OFFICE OF DISCIPLINARY COUNSEL
15
16
By:
17
Pamela D. Bucy
18 Chief Disciplinary Counse
19
20
21
22
23
24
25
Complaint - Page 4
CERTIFICATE OF SERVICE
I, Pamela D. Bucy, hereby certify that I have served true and accurate copies of the foregoing
Complaint - Formal Complaint and Citation to Appear to the following on 01-31-2024:
Shelly Smith (Court Reporter)
Office Administrator
Supreme Court Boards and Commissions
P.O. Box 203002
301 S. Park Ave., Ste. 328
Helena MT 59624
Service Method: eService
E-mail Address: shellysmith@mt.gov
Electronically signed by Shelby Streib on behalf of Pamela D. Bucy
Dated: 01-31-2024