Opinion
PR 24-0043 ODC File 22-256
01-31-2024
IN THE MATTER OF KATHERINE A. PROCTOR, A Suspended Attorney, Respondent.
D. Bucy Chief Disciplinary Counsel
D. Bucy Chief Disciplinary Counsel
The Office of Disciplinaiy Counsel for the State of Montana ("ODC"), hereby charges Katherine A. Proctor with professional misconduct as follows:
1. Katherine A. Proctor, hereinafter referred to as Respondent, was admitted to the practice of law in the State of Montana in 2009, at which time Respondent took the oath required for admission, wherein she 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.
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. Respondent was charged by Information on January 24, 2022, with Aggravated Assault, a felony, in violation of §45-5-202, MCA, (Count I) and Accountability for Aggravated Assault, a felony, in violation of §45-2-301/45-5-202, MCA, (Count II). The Information alleged that between on or about June 28, 2021 through September 29, 2021, Respondent purposely or knowingly caused serious bodily injury to her infant child, P.P. Respondent, either before or during the commission of Aggravated Assault against P.P., solicited, aided, abetted, agreed or attempted to aid another in the planning or commission of serious bodily injury to P.P.
4. Following a jury trial held on December 5 - December 15, 2022, Respondent was found guilty of Assault on a Minor, a felony, in violation of §45-5-212, MCA. The jury additionally found, beyond a reasonable doubt, that, at the time of the offense, the victim was under thirty-six (36) months of age and the assault resulted in serious bodily injury.
5. On June 9, 2023, Respondent was sentenced to the Montana State Prison for twenty (20) years, with no time suspended.
6. By Order filed January 30, 2024, the Montana Supreme Court, pursuant to Rule 23B, Rules for Lawyer Disciplinary Enforcement ("RLDE"), determined the criminal offense of which Respondent has been convicted affects the Respondent's ability to practice law, suspended Respondent from the practice of law pending disposition of disciplinary proceedings, and directed ODC to file a c omplaint against Respondent predicated upon her criminal conviction.
7. Pursuant to Rule 8A(3), RLDE, conduct which results in conviction of a criminal offense is a ground for discipline.
8. 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 respect[f.]"
9. 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;
3. That the Adjudicatory Panel of the Commission make a report of its findings and recommendations after a formal hearing to the Montana Supreme Court, and, in the event the Adjudicatory Panel finds the facts warrant disciplinary action and recommends discipline, that the Commission also recommend the nature and extent of appropriate disciplinary action, 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.