Montgomery v. Disciplinary Board | |||||||
| 990278 |
IN THE MATTER OF THE APPLICATION
FOR REINSTATEMENT OF BRUCE R. MONTGOMERY -------------- Bruce R. Montgomery, Petitioner v. Disciplinary Board of the Supreme Court of the State of North Dakota, Respondent | ||||||
| Nature of Action: | Disciplinary Proceedings (Civil) | ||||||
| Counsel: |
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| Term: | 03/2000  Argument: 03/28/2000 01:30pm | ||||||
| ND cite: | 2000 ND 127 | ||||||
| NW cite: |
612 N.W.2d 278
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| Issues: |
Appellant's Statement of the Issues: 1. Did the Hearing Body err in the scope of the hearing? 2. Did Petitioner meet his burden of proof of rehabilitation? 3. Is the use of the Bossert matter to continue to deny reinstatement error? 4. Was failure to properly follow a sequestration order error? 5. Did the Hearing Body err in going off the record to discuss potential conflict of one of its members? 6. Was the appointment of a new Hearing Body error? 7. Does the apparent conflict in roles of Disciplinary Counsel deprive Petitioner of fair hearing? Appellee's Statement of the Issues: 1. Did the Hearing Body err in the scope of the hearing? 2. Did the Petitioner meet his burden of proof of rehabilitation? 3. Is the use of the Bossert matter to continue to deny reinstatement error? 4. Was failure to properly follow a sequestration order error? 5. Did the Hearing Body err in going off the record to discuss potential conflict of one of its members? 6. Was the appointment of a new hearing body error? 7. Does the apparent conflict in roles of Disciplinary Counsel deprive Petitioner of fair hearing? | ||||||
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| 1 | 09/24/1999 | REPORT OF DISCIPLINARY BOARD (part of Record) | ||
| 2 | 09/24/1999 | ANNOUNCED DISQUALIFICATION: Neumann, William A. | ||
| 3 | 10/12/1999 | RECORD ON APPEAL | ||
| 4 | 10/12/1999 | MOTION FOR Remand for Assessment of Costs & Aff/Support | ||
| 5 | 10/19/1999 | ACTION BY CHIEF JUSTICE. granted | ||
| 6 | 10/19/1999 | ORDER OF REMAND | ||
| 7 | 10/19/1999 | Order of Remand Mailed to Parties | ||
| 8 | 12/13/1999 | SUPPLEMENTAL RECORD ON APPEAL DATED December 13, 1999 (Entry Nos. 67-74) | ||
| 9 | 01/11/2000 | Letter from Carl Flagstad that he would like to file a brief | ||
| 10 | 01/14/2000 | MOT. EXT/TIME RESPONDENT BRIEF (Letter form) | ||
| 11 | 01/14/2000 | ACTION BY CLERK (W/understanding to be placed on March term for OA. Granted: 01/28/2000 | ||
| 12 | 01/14/2000 | PETITIONER BRIEF (Bruce R. Montgomery) | ||
| 13 | 01/14/2000 | PETITIONER'S APPENDIX | ||
| 14 | 01/18/2000 | DISK - Petitioner's Brief | ||
| 15 | 01/19/2000 | Letter from Paul Jacobson dated 1-18-00 RE: reason for asking for ext/time to file Resp. Brief | ||
| 16 | 01/28/2000 | RESPONDENT BRIEF (DB) | ||
| 17 | 01/28/2000 | APPENDIX (DB) | ||
| 18 | 01/28/2000 | DISK - DB | ||
| 19 | 01/28/2000 | TRANSCRIPT DATED 12-11-98 | ||
| 20 | 01/28/2000 | DISK - TRA dated 12-11-98 | ||
| 21 | 02/25/2000 | SITTING WITH THE COURT: Erickson, Ralph Robert | ||
| 22 | 03/28/2000 | APPEARANCES: Carl O. Flagstad, Bruce R. Montgomery; Paul W. Jacobson | ||
| 23 | 03/28/2000 | ARGUED: Flagstad; Jacobson (Vol X; page 9) | ||
| 24 | 06/23/2000 | DISPOSITION: PETITION/WRIT DENIED | ||
| 25 | 06/23/2000 | UNANIMOUS OPINION: , Per Curiam | ||
| 26 | 06/23/2000 | The recommendation of the Board is adopted and Bruce R. Montgomery's petition for reinstatement | ||
| 27 | 06/23/2000 | is Denied. Bruce Montgomery is also ordered to pay the costs of these proceedings in the | ||
| 28 | 06/23/2000 | amount of $7,032.63. | ||
| 29 | 07/17/2000 | Affidavit of Publication - Dakota County Tribune, Minnesota | ||
| 30 | 08/22/2000 | Affidavit of Identification | ||
| 31 | 08/22/2000 | JUDGMENT TRANSCRIBED TO WARD COUNTY | ||
| 32 | 09/01/2000 | Notice of Filing Transcript and Docketing Judgment (Ward Co.) | ||
| 33 | 01/26/2001 | Letter dated 1-25-01 from Disciplinary Counsel w/ attached copies of letters dated 1-23-01 & | ||
| 34 | 01/26/2001 | 1-25-01 re Disciplinary Board declining to enter into an agreement to vacate or remove the cost | ||
| 35 | 01/26/2001 | judgment against Mr. Montgomery | ||
| 36 | 02/14/2001 | Payment of $500 toward costs (receipt no. 13305) ($1000 deposit paid 4/13/95; see 2509-W-9504) | ||
| 37 | 03/14/2001 | Payment of $100 toward costs (receipt no. 13334) | ||
| 38 | 04/03/2001 | Payment of $100 toward costs (receipt no. 13504) | ||
| 39 | 04/06/2001 | Acknowledgment of Partial Satisfaction of Judgment | ||
| 40 | 04/09/2001 | Corrected Acknowledgment of Partial Satisfaction of Judgment | ||
| 41 | 04/30/2001 | Payment of $100 toward costs (receipt no. 13516) | ||
| 42 | 05/23/2001 | Acknowledgment of Partial Satisfaction of Judgment | ||
| 43 | 06/01/2001 | Payment of $100 toward costs (receipt no. 13548) | ||
| 44 | 06/06/2001 | Acknowledgment of Partial Satisfaction of Judgment | ||
| 45 | 07/09/2001 | Payment of $100 toward costs (receipt no. 13576) | ||
| 46 | 07/26/2001 | Acknowledgment of Partial Satisfaction of Judgment | ||
| 47 | 08/06/2001 | Payment of $100 toward costs (receipt no. 13590) | ||
| 48 | 08/08/2001 | Acknowledgment of Partial Satisfaction of Judgment | ||
| 49 | 09/04/2001 | Payment in full of $4,932.63 (receipt no. 13602) | ||
| 50 | 09/06/2001 | Acknowledgment of Satisfaction of Judgment in full | ||
| 51 | 03/20/2007 | EXPUNGED - Nonpermanent record items destroyed |