# ORIGINAL

IN THE SUPREME COURT OF THE STATE OF MONTANA PR 23-0071

IN THE MATTER OF JOSEPH HOWARD, An Attorney at Law, Respondent 

# FILED JUN O 1 2023
Bowen Greenwood Clerk of Supreme Court State of Montana ORDER

On January 26, 2023, the Office of Disciplinary Counsel (ODC) filed a formal disciplinary complaint with the Commission on Practice (Commission) against Montana attorney Joseph Howard. The disciplinary complaint may be reviewed by any interested person in the office ofthe Clerk ofthis Court. On February 10, 2023, Howard tendered an admission and affidavit of consent pursuant to Rule 26(B) of the Montana Rules for Lawyer Disciplinary Enforcement (MRLDE). Howard acknowledged that the material facts ofthe complaint were true andthat he had violated the Montana Rules ofProfessional Conduct (MRPC) as alleged by ODC. After ODC concurred with Howard's tendered admission, the Commission set the matter for hearing on April 20, 2023. Howard personally appeared at the hearing. On May 18, 2023, the Commission submitted to this Court its Findings of Fact, Conclusions ofLaw and Recomrnendation Re Rule 26 Conditional Admission andAffidavit of Consent in which it recommended that this Court approve Howard's conditional admission and enter an order imposing the agreed-upon discipline. We agree with the Commission's recommendation. In his conditional admission, Howard admitted that he accepted appointment by the Office ofthe State PublicDefenderto represent C.W. in a postconviction relief matter on July 21, 2014. A few weeks later, Howard moved the District Court to vacate the briefing schedule to provide Howard with 06/01/2023

Case Number: PR 23-0071more time to review the file. The court granted the motion and ordered that he request a

scheduling or status conference oncehe hadreviewedthe file. Although Howardmaintains that he spent a significant amount of time reviewing C.W.'s file and he remained in communication with his client, he failedto request a scheduling conference or file any other documents for over four years. On November 16, 2018, the District Court entered a Notice for Failure to Prosecute that gave Howard 60 daysto file a document orthe casewouldbe dismissed. Howard filed a Notice on January 14, 2019, that stated his intention to file an Amended Petition by June 1, 2019. Howard filed the Amended Petition and briefin support on May 31, 2019; however, the State movedto dismisstheAmendedPetition onthebasis of"inexcusable delay"andthe court granted the motion on October 30, 2019. C.W. appealed the dismissal of his postconviction relief petition. This Court ultimately reversed the dismissal, determining that the delay in the trial court was due to Howard's inaction and it was unfair to penalize C.W. Howard admitted that, by failingto file anAmendedPetition in C.W.'s case for over four years, he violated M. R. Pro. Cond. 1.3, 3.2, and 8.4(d). He further admitted that by failing to withdraW from C.W.'s case when he was obligated to do so, he,violated Mont R. Pro. Cond. 1.16(a)(1) and (b)(7). Howardtenderedhis ConditionalAdmission andAffidavit ofConsent inexchangefor discipline that the Commission recommends be accepted by this Court. Although the Commission is concerned by Howard's failures in his representation of C.W., the Commissionnotesthat this is Howard's first disciplinary matter ofany kind andthe agreedupon discipline is consistent with'that given to attorneys in similar cases that have come before the Commission. Based upon the foregoing: IT IS HEREBY ORDERED: 1. The Conimission's Recommendation that we accept Howard's Rule 26 tendered admission is ACCEPTED AND ADOPTED. 22. Howard is SUSPENDED from the practice oflaw for 30 days, commencingJuly 1,

2023. 3. Howard shall pay the costs incurred by ODC and the Commission in connection with this matter. 4. Howard shall obey all laws and comply with the MRPC. Any violation of the MRPC, or any federal or state law, will constitute a violation ofa court order and may result in further discipline. 6. Pursuant to MRLDE 26(D), the Clerk of this Court is directed to file copies of Howard's Conditional Admission and Affidavit ofConsent,togetherwiththe Commission's Findings ofFact, Conclusions ofLaw, and Recommendations for Discipline. The Clerk ofthis Court is directed to serve a copy ofthis Order ofDiscipline upon Joseph Howard, and to provide copiestoDisciplinary Counsel, the OfficeAdministrator for the Commission on Practice, the Clerks of all the District Courts ofthe State ofMontana, each District Court Judge in the State ofMontana,the Clerk ofthe Federal District Court for the District ofMontana, the Clerk ofthe Circuit Court ofAppeals ofthe Ninth Circuit, and the Executive Director ofthe State Bar ofMontana.

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, DATED this I — day of-May 20 „ 23.

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