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EDMUND F. SHEEHY, JR.

Office pf the State Public Defender

Conflict Defender Division

21.1 N. Higgins Ave., Ste. 401

Missoula, MT 59802

(406) 329-1640

esheehvamt.wv 

Attorney for Respondent

BEFORE THE COMMISSION ON PRACTICE OF THE

SUPREME COURT OF THE STATE OF MONTANA

* * * * * * * * * * * * *

FILED

09/29/2020

Commission on Pracitce

of the Supreme Court

State of Montana

FILE

NOV 18 2020

Bowen Greenwood

Clerk of Supreme Court

State, of Montana

IN THE MATTER OF PATRICK SANDEFUR, ) Supreme Court No. 20-0039

An Attorney at Law, ) ODC File Nos. 19-078

)

Respondent. ) CONDITIONAL ADMISSION AND

) AFFIDAVIT OF CONSENT r

STATE OF MONTANA )

: ss.

COUNTY OF MISSOULA )

Patrick Sandefur, being first duly sworn upon oath deposes and affirins as follows.

1. r am the respondent. I tender my conditional admission and make this affidavit of

consent pursuant to Rule 26, Montana Rules for Lawyer Disciplinary Enforcement (2018), in

exchange for the stated forms of discipline.

2. I am a lawyer against whom a formal complaint has been filed alleging ethical

misconduct. I am infomied and aware of the allegations against me and understand that; if those

allegations are proved by clear and convincing evidence, thete exist grounds for discipline

against me.

3. I present this affidavit of consent and my tendered admission to an Adjudicatory

Panel of the Commission on Practice in exchange for the form of discipline described below. If

CONDITIONAL A DIVIISSION AND AFFIDAVIT OF CONS;ENT - Page .11

11/18/2020

Case Number: PR 20-0039
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the Cornmission on Practice approves my tendered adrnission, I acknowledge My tendered

admission is subject to acceptanc.e Or rejection by the Montana Supreme Court. If my

conditional admission is rejected by either the Comrnission on Practice or the Supreme Court,

then I understand rny admission shall be deerned withdrawn and cannot be tised against rne in

this or any subsequent proceeding.

4. My consent to discipline is freely and voluntarily tendered. I am not subject to

coercion or duress of any kind. I arn fully aware of the implications of submitting rny

conditional admission and affidavit of consent.

5. Consistent with the foregoing, I admit all the allegations in the cOmplaint are true,

specifically:

A. I was admitted to the practice of law in the State of Mdritana in 1997, at

which time I toOk the oath required for admission, wherein I agreed to abide by the Rules

of Professional Conduct, the Disciplinary Rules adopted by the Suprerne Court, and the

highest standards of honesty; justice and morality, including but not limited to, those

outlined in parts 3 and 4 of Chapter 61, Title 37, Montana Code Annotated.

B. I was appointed to represent the three defendants in the underlying

complaints.

C. During the tirne period of July through September;2019, ODC received

grievances from each of the defendants alleging I engaged in unethical conduct while

representing them. The grievances were docketed as ODC File Nos. 19-075, 19-076, and ,

19-102.

D. ODC sent the grievances to rne in August (19-075 and 19-076) and

October 2019 (19-102(, requesting responses to each. I did not respond.

E. ODC sent second notices of the grievances in Septernber and November,

respectively, which were received at my office, again requesting responses.

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F. In a phone conversation with ODC on October 2, 2019, I was granted an

extension to October 11, 2019 to provide my responses in 19-075 and 1.9-076.

G. ODC emailed• me on October 28, 2019, reminding me of the missed

deadline and the pending deadline for 19-102. By return email that same day, I advised I "

had been "workihg diligently" to answer the grievanCes and would have them mailed and

ernailed that day. I did not do so.

H. Despite ODC filing a formal cornplaint :and continued requests by ODC

for rny respcinse, through my attorney, I did not file rny responses to the three grievances

until late August 2020..

I. While not charged in the January 15, 2020 Complaint, I adrnit I violated

Rule 8.1(a), MRPC, by knowingly making a false Statement when I advised ODC:on

October 28, 2019 that the responses would he mailed and emailed that day.

J. As charged, in the Complaint, by rny conduct outlined above, I admit I

repeatedly violated Rule 8.1(b), MRPC, for failing to promptly and diligently respond to

ODC's inquiries.

K. I admit I appeared before the Cornrnission on Practice in July 2019 for a

Rule 24, MRLDE, Order to Show Cause hearing for my failure td respond to a prior

grievance.

6. I tender my adrnissions in exchange fOr the following forrns of discipline:

A. An admonition by the Commission on Practice to be delivered in writing

or orally, at the Cornrnission's discretion.

B. I understand ODC will advocate for imposition of a 30-day suspension

frorn tlie practice of law. I will advocate for a lesser sanction.

C. I further acknowledge the Commission's decision to impose discipline is

final unless, within ten days of the Comrnission's decision, the responding lawyer, ODC,

CONDITIONAL ADMISSION AND AFFIDAVIT OF CONSENT - Page 3
or. a member of the public fileS a petition with the Clerk of the Supreme Court asking the

Court to review the decision.

D. I agree to the payment of costs incurred by ODC and the Commission on.

Practice in connection with this. matter.

DATED this 28' 1 day of Septernber 2020.

Patrick San efur

STATE OF MONTANA )

):ss

COUNTY OF MISSOULA )

This instrurnent was SIGNED AND SWORN TO before me on this

2 .th: : . i ,- ;Ole I CK SANDEFUIR.

NOTARY PUBLIC fof tit A ii

State of Montan§

Residing at Mioatilo, MT 

My COMMIŠ§bli SOW —711V/ 

January 31, 2024, No a y Bun for the State of Montana

RESPECTFULLY SUBMITTED this , ''day of 2020.

Edmund Sheehy, Attorney for Resp

CERTIFICATE OF SERVICE

I hereby certify that .on this 'Oay of September, 2020, I served • a copy of the

foregoing document on ODC by ernalling a copy to Pamela D. Bucy, Chief Disciplinary Counsel

at: pbucy(amontanaodc.org.

Edmund Sheehy

CONDITIONAL ADMISSION AND AFFIDAVIT OF CONSENT - Page 4