Opinion
PR 24-0004
07-15-2024
IN RE PETITION OF JAMES DUNCAN FOR REINSTATEMENT TO ACTIVE STATUS IN THE STATE BAR OF MONTANA _(name)
PETITION
COMES NOW JAMES DUNCAN_(name) and respectfully petitions this Court for reinstatement to active status pursuant to Section 3 of the By-Laws of the State Bar of Montana.
Petitioner was admitted to the State Bar of Montana on__(date) Petitioner (check one):
[ ] Voluntarily chose inactive status on(date).
[ ] Voluntarily chose emeritus status on(date).
[ ] Voluntarily chose senior status on(date).
[ ] Was placed on inactive status by the State Bar of Montana pursuant to Rule 3B2, 7 and 13, of the Rules for Continuing Legal Education on__(date) as a result of noncompliance with CLE requirements.
[ ] Was suspended for noncompliance with CLE requirements on__(date).
[ ] Has been suspended for three or more consecutive years for nonpayment of dues. Petitioner was suspended on. (date). __April 2,2021.
[X] Voluntarily resigned membership on_(date).
Petitioner is willing and able to pay active dues, fees, and the stale license tax to the State Bar of Montana and comply with any continuing education requirements this Court may impose.
Petitioner [X] is [ ] not actively practicing law in another jurisdiction. (If so, provide the jurisdiction(s) and dates of active status Utah, 03/17/2020 to the present ___)
Petitioner [ ] has / [X] has not been employed as a law clerk while on inactive status. (If so, provide the court(s) and dates of employment as a law clerk__)
Petitioner [ ] is / [X] is not currently suspended, disbarred, or otherwise ineligible to practice law in another jurisdiction. (If so, provide the pertinent details.)
" Petitioner [ ] / [X] is not currently subject to disciplinary proceedings or pending - disciplinary proceedings in another jurisdiction. (If so, provide the pertinent details.)
Petitioner [ ] has / [X] has not been charged with a criminal offense while not on active status. (If so, provide the pertinent details.)
Petitioner [ ] has / [X] has not accrued delinquent debtor filed for bankruptcy while not on active status. (If so, provide the pertinent details.)
Petitioner [ ] has [X] has not failed to fulfill the obligations of a public office or professional license (other than as an attorney) while not on active status. (If so, provide the pertinent details.)
Finally, petitioner [ ] has [X] has not committed any acts or omissions while not on active status which would be sanctionable under the Montana Rules of Professional Conduct. (If so, provide the pertinent details.)
WHEREFORE, petitioner requests reinstatement as an active member of the State Bar of Montana.
The above statements are true based upon petitioner's knowledge and belief.