Office of Disciplinary Counsel et al v. McCann
Filing
9
ORDERED: 1. Cause No. CV-18-2-H-SEH and Cause No, CV-18-03-SEH are DISMISSED. 2. The Court will set a hearing on the office of Disciplinarian Counsel for the State of Montana's request for attorney's fees and costs by separate order. Copy of this order served via CM/ECF and mail on Michael W. Cotter, Chief Disciplinary Counsel; Genet McCann, by mail and personal service by the USMS; Ward Taleff, Chair of the Montana Supreme Court Commission on Practice, by mail and person service by USMS; Ed Smith, by mail and personal service by USMS. Copy of Order and USM 285 provided to G.F. USMS via email and US mail. Signed by Judge Sam E Haddon on 1/11/2018. (HEG)
IN THE UNITED STATES DISTRICT COURT
FILED
FOR THE DISTRICT OF MONTANA
JAN 1 1 2018
HELENA DIVISION
Cieri<, U.S. District Court
District Of Montana
Helena
In the Matter of Genet McCann,
An Attorney-at-Law,
Respondent.
No. CV 18-02-H-SEH
No. CV 18-03-H-SEH
In the Matter of Genet McCann,
An Attorney-at-Law,
Respondent.
ORDER
The following documents have been filed in this Court on or after January
10, 2018:
I.
Respondent's Notice of Civil Rights Removal from the Commission
on Practice of the Supreme Court of the State of Montana No. PR 17-0670; ODC
17-110 Pursuant to 28 U.S.C. § 1443(1 ). 1
2.
Respondent's Notice of Civil Rights Removal from the Commission
on Practice of the Supreme Court of the State of Montana No. PR 16-0635; ODC
'No. CV 18-02-H-SEH, Docs. 1, 1-1, 1-2, 1-3, 1-4, 1-5, 1-6, and 1-7.
15-078 Pursuant to 28 U.S.C. § 1443(1). 2
3.
The Office of Disciplinary Counsel for the State of Montana's Motion
For Remand, filed on January 10, 2018, at 5:57 p.m. 3
4.
The Office of Disciplinary Counsel for the State of Montana's Brief
in Support of Motion for Remand, filed on January 10, 2018, at 6:01 p.m. 4
5.
The Office of Disciplinary Counsel for the State of Montana's Motion
For Remand, filed on January 10, 2018, at 6:03 p.m. 5
6.
The Office of Disciplinary Counsel for the State of Montana's Brief
in Support of Motion for Remand, filed on January I 0, 2018, at 6:07 p.m. 6
Genet McCann did not appear for the show cause proceedings in In the
Matter of Genet McCann, Montana Supreme Court Case No. PR 17-0670, set for
8:30 a.m., January 11, 2018, or for the formal disciplinary proceedings in In the
Matter of Genet McCann, Montana Supreme Court Case No. PR 16-0635, set for
9:00 a.m., January 11, 2018. Those proceedings did not proceed as scheduled or at
all and were not held.
2
No. CV 18-03-H-SEH, Docs. 1, 1-1, 1-2, 1-3, 1-4, 1-5, 1-6, 1-7, 1-8, and 1-9.
3
No. CV 18-02-H-SEH, Doc. 4.
4
No. CV 18-02-H-SEH, Doc. 5.
'No. CV 18-03-H-SEH, Doc. 3.
6
No. CV 18-03-H-SEH, Doc. 4.
Notwithstanding any provisions of the Federal Rules of Civil Procedure or
the Local Rules of Procedure for the United States District Court for the District of
Montana to the contrary, the Court has determined that exigencies of the pending
issues mandate that the Court address and rule upon the Motions to Remand 7
forthwith without any or further delay.
Actions taken to remove Montana Supreme Court Case No. PR 17-0670 and
Montana Supreme Court Case No. PR 16-0635 were not proper. Respondent has
wholly failed and refused to accept (1) that disciplinary proceedings are sui
generis and are neither civil or criminal in character; (2) that the Montana
Supreme Court has jurisdiction over matters related to discipline of lawyers
licensed to practice in Montana; (3) that such matters are beyond and outside the
jurisdiction of this Court; and (4) that such matters are not subject to removal to
federal court. 8
ORDERED:
1.
Cause No. CV 18-02-H-SEH and Cause No. CV 18-03-H-SEH are
DISMISSED.
7
8
No. CV 18-02-H-SEH, Doc. 4; No. CV 18-03-H-SEH, Doc. 3.
Neal v. Wilson, 112 F.3d 351, 355 (8th Cir. 1997); see also Bar Ass'n of Baltimore City
v. Posner, 391 F. Supp. 76, 79-80 (D. Md. 1975).
2.
The Court will set a hearing on the Office of Disciplinary Counsel for
the State of Montana's request for attorney fees and costs by separate order.
3.
The clerk is directed to effect service of this Order (1) by the court's
electronic filing system and by mail on Michael W. Cotter, Chief Disciplinary
Counsel, Office of Disciplinary Counsel, 24 West 6th Avenue, 5th Floor, P.O. Box
1099, Helena, MT, 59624; (2) upon Genet McCann, Avalon Law LLC, P.O. Box
160492, Big Sky, MT, 59617, by mail and by personal service by the United States
Marshal's Service; (3) upon Ward E. Taleff, Chair of the Montana Supreme Court
Commission on Practice, 300 River Drive N., Suite 5, P.O. Box 609, Great Falls,
MT, 59403, by mail and by personal service by the United States Marshal's
Service; and (4) upon Ed Smith, Clerk of the Montana Supreme Court, Room 323,
Justice Building, 215 N. Sanders, P.O. Box 203003, Helena, MT, 59620, by mail
and by personal serviceA the United States Marshal's Service.
DATED this
JL dey of January, 2018.
United States District Judge
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