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2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Pamela D.Bucy ChiefDisciplinary Counsel P.O. Box 1099 Helena,MT 59624-1099 (406)442-1648 pbucv(ii montanaodc.oru Office ofDisciplinary 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 ofMontana("ODC"),hereby charges James McCormack with professional misconduct as follows: 1. James McCormack,hereinafter referred to as Respondent,was admitted to the practice oflaw in the State ofMontana 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 ofChapter 61,Title 37,Montana Code Annotated.

Complaint - Page 1 08/05/2021

Case Number: PR 21-03541

2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2. The Montana Supreme Courthasapproved and adopted the Montana Rules of Professional Conduct ("MRPC"), governing the ethical conduct of attorneys licensed to practice in the State ofMontana,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 ofwhich 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 ofa 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 21

2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8. Pursuant to Rule 23C, RLDE,the sole issue to be determined in the formal disciplinary proceedings herein "shall be the extent ofthe final discipline to be imposed." WHEREFORE,the Office ofDisciplinary 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 ofthis complaint before an Adjudicatory Panel of the Commission on the sole issue of the extent ofthe 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 ofappropriate discipline,including an award ofcosts and expenses incurred in investigating and prosecuting this matter; and, 4. For such other and further reliefas deemed necessary and proper. DATED this day of 2021. OFFICE OF DISCIPLINARY COUNSEL

By: OtAkklit

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--- Pamela D.Bucy ChiefDisciplinary Counsel

Complaint - Page 3