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:
Petitioner: Carl O. Flagstad Jr.
Respondent: Paul W. Jacobson
Term: 03/2000   Argument: 03/28/2000  01:30pm
ND cite: 2000 ND 127
NW cite: 612 N.W.2d 278


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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Docket entries:
109/24/1999 REPORT OF DISCIPLINARY BOARD (part of Record)
209/24/1999 ANNOUNCED DISQUALIFICATION: Neumann, William A.
310/12/1999 RECORD ON APPEAL
410/12/1999 MOTION FOR Remand for Assessment of Costs & Aff/Support
510/19/1999 ACTION BY CHIEF JUSTICE. granted
610/19/1999 ORDER OF REMAND
710/19/1999 Order of Remand Mailed to Parties
812/13/1999 SUPPLEMENTAL RECORD ON APPEAL DATED December 13, 1999 (Entry Nos. 67-74)
901/11/2000 Letter from Carl Flagstad that he would like to file a brief
1001/14/2000 MOT. EXT/TIME RESPONDENT BRIEF (Letter form)
1101/14/2000 ACTION BY CLERK (W/understanding to be placed on March term for OA. Granted: 01/28/2000
1201/14/2000 PETITIONER BRIEF (Bruce R. Montgomery)
1301/14/2000 PETITIONER'S APPENDIX
1401/18/2000 DISK - Petitioner's Brief
1501/19/2000 Letter from Paul Jacobson dated 1-18-00 RE: reason for asking for ext/time to file Resp. Brief
1601/28/2000 RESPONDENT BRIEF (DB)
1701/28/2000 APPENDIX (DB)
1801/28/2000 DISK - DB
1901/28/2000 TRANSCRIPT DATED 12-11-98
2001/28/2000 DISK - TRA dated 12-11-98
2102/25/2000 SITTING WITH THE COURT: Erickson, Ralph Robert
2203/28/2000 APPEARANCES: Carl O. Flagstad, Bruce R. Montgomery; Paul W. Jacobson
2303/28/2000 ARGUED: Flagstad; Jacobson (Vol X; page 9)
2406/23/2000 DISPOSITION: PETITION/WRIT DENIED
2506/23/2000 UNANIMOUS OPINION: , Per Curiam
2606/23/2000 The recommendation of the Board is adopted and Bruce R. Montgomery's petition for reinstatement
2706/23/2000 is Denied. Bruce Montgomery is also ordered to pay the costs of these proceedings in the
2806/23/2000 amount of $7,032.63.
2907/17/2000 Affidavit of Publication - Dakota County Tribune, Minnesota
3008/22/2000 Affidavit of Identification
3108/22/2000 JUDGMENT TRANSCRIBED TO WARD COUNTY
3209/01/2000 Notice of Filing Transcript and Docketing Judgment (Ward Co.)
3301/26/2001 Letter dated 1-25-01 from Disciplinary Counsel w/ attached copies of letters dated 1-23-01 &
3401/26/2001 1-25-01 re Disciplinary Board declining to enter into an agreement to vacate or remove the cost
3501/26/2001 judgment against Mr. Montgomery
3602/14/2001 Payment of $500 toward costs (receipt no. 13305) ($1000 deposit paid 4/13/95; see 2509-W-9504)
3703/14/2001 Payment of $100 toward costs (receipt no. 13334)
3804/03/2001 Payment of $100 toward costs (receipt no. 13504)
3904/06/2001 Acknowledgment of Partial Satisfaction of Judgment
4004/09/2001 Corrected Acknowledgment of Partial Satisfaction of Judgment
4104/30/2001 Payment of $100 toward costs (receipt no. 13516)
4205/23/2001 Acknowledgment of Partial Satisfaction of Judgment
4306/01/2001 Payment of $100 toward costs (receipt no. 13548)
4406/06/2001 Acknowledgment of Partial Satisfaction of Judgment
4507/09/2001 Payment of $100 toward costs (receipt no. 13576)
4607/26/2001 Acknowledgment of Partial Satisfaction of Judgment
4708/06/2001 Payment of $100 toward costs (receipt no. 13590)
4808/08/2001 Acknowledgment of Partial Satisfaction of Judgment
4909/04/2001 Payment in full of $4,932.63 (receipt no. 13602)
5009/06/2001 Acknowledgment of Satisfaction of Judgment in full
5103/20/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 12/04/2008