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Pamela D. Bucy

Chief Disciplinary Counsel

P.O. Box 1099

Helena, MT 59624-1099

(406) 442-1648

pbucv(ii montanaodc.oru 

Office of Disciplinary Counsel

BEFORE THE COMMISSION ON PRACTICE OF THE

SUPREME COURT OF THE STATE OF MONTANA

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

IN THE MATTER OF JAMES

MCCORMACK

An Inactive Attorney,

Respondent.

Supreme Court Cause No. PR 21-0354

ODC File No. 20-132

COMPLAINT

The Office of Disciplinary Counsel for the State of Montana ("ODC"), hereby

charges James McCormack with professional misconduct as follows:

1. James McCormack, hereinafter referred to as Respondent, was admitted to

the practice of law in the State of Montana in 2016, at which time he took the oath

required for admission, wherein he agreed to abide by the Rules of Professional

Conduct, the Disciplinary Rules adopted by the Supreme 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.

Complaint - Page 1

08/05/2021

Case Number: PR 21-0354
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2. The Montana Supreme Court has approved and adopted the Montana Rules

of Professional Conduct ("MRPC"), governing the ethical conduct of attorneys

licensed to practice in the State of Montana, which Rules were in effect at all times

mentioned in this Complaint.

3. On March 11, 2020, Respondent pled guilty to Count I: Criminal Child

Endangerment (Felony) of the State's Information filed in Montana Eleventh

Judicial District Court, Flathead County, Cause No. DC 19-179.

4. . On September 18, 2020, the District Court imposed a two-year deferred

sentence subject to certain terms and conditions of probation. However, due to

clerical error, the judgement was not reduced to writing until March 10, 2021.

5. By Order filed August 3, 2021, the Montana Supreme Court, pursuant to

Rule 23B, RLDE (2021), determined that the criminal offense of which Respondent

has been convicted affects the Respondent's ability to practice law, and directed

ODC to file a formal complaint against Respondent predicated upon his criminal

conviction.

6. Pursuant to Rule 8A(3), RLDE, conduct which results in conviction of a

criminal offense is a ground for discipline.

7. Pursuant to Rule 8.4(b), MRPC, it is professional misconduct for a

lawyer to "commit a criminal act that reflects adversely on the lawyer's honesty,

trustworthiness or fitness as a lawyer in other respects[.]"

Complaint - Page 2
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8. Pursuant to Rule 23C, RLDE, the sole issue to be determined in the

formal disciplinary proceedings herein "shall be the extent of the final discipline to

be imposed."

WHEREFORE, the Office of Disciplinary Counsel prays:

1. That a Citation be issued to the Respondent, to which shall be attached a

copy of the complaint, requiring Respondent, within twenty-one (21) days after

service thereof, to file a written answer to the complaint;

2. That a formal hearing be had on the allegations of this complaint before an

Adjudicatory Panel of the Commission on the sole issue of the extent of the final

discipline to be imposed upon the Respondent;

3. That the Adjudicatory Panel of the Commission make a report of its

findings and recommendation after a formal hearing to the Montana Supreme Court

as to the nature and extent of appropriate discipline, including an award of costs and

expenses incurred in investigating and prosecuting this matter; and,

4. For such other and further relief as deemed necessary and proper.

DATED this day of 2021.

OFFICE OF DISCIPLINARY COUNSEL

By: OtAkklit6---

Pamela D. Bucy

Chief Disciplinary Counsel

Complaint - Page 3