Opinion
PR 23-0694
12-19-2023
IN THE MATTER OF GARRY D. SEAMAN, An Attorney at Law, Respondent
ORDER
On August 21, 2023, Montana attorney Garry D. Seaman pled guilty to one count of deliberate homicide, a felony, and one count of attempted deliberate homicide, a felony, in the Nineteenth Judicial District Court, Lincoln County, Cause No. DC 22-44. On October 17, 2023, the court sentenced him to Montana State Prison for 60 years on each count, to run concurrently, with an 18-year parole restriction and credit for 501 days served.
On November 29, 2023, the Office of Disciplinary Counsel (ODC) petitioned this Court, pursuant to Montana Rules for Lawyer Disciplinary Enforcement 23B, for a determination as to whether Seaman should be suspended from the practice of law pending formal disciplinary proceedings.
MRLDE 23B calls for a lawyer's "immediate suspension" from the practice of law pending formal complaint proceedings if this Court determines that the lawyer "was found guilty of a criminal offense that affects the lawyer's ability to practice law." This Court's practice has been to invoke interim suspension under MRLDE 23 when, as here, a lawyer has been convicted of a felony offense. We conclude that Seaman's felony convictions for deliberate homicide and attempted deliberate homicide affect his ability to practice law.
IT IS THEREFORE ORDERED that Garry D. Seaman is placed on interim suspension from the practice of law in Montana, effective immediately and pending final disposition of a disciplinary proceeding predicated on his felony convictions, pursuant to MRLDE 23B.
IT IS FURTHER ORDERED that ODC is directed to promptly prepare and file a formal complaint with the Commission on Practice based upon these convictions.
The Clerk of this Court is directed to serve a copy of this Order of Discipline upon Garry D. Seaman, and to provide copies to Disciplinary Counsel; the Office Administrator for the Commission on Practice; the Clerks of all the District Courts of the State of Montana; each District Judge in the State of Montana; the Clerk of the Federal District Court for the District of Montana; the Clerk of the Circuit Court of Appeals of the Ninth Circuit; and the Executive Director of the State Bar of Montana.