December 17, 2013
IN THE MATTER OF DANIEL T. McCARTHY, An Attorney at Law, Respondent.
ORDER STATE OF DISCIPLINE
On October 31, 2013, the Office of Disciplinary Counsel filed with the Clerk of this Court a petition for reciprocal discipline of Daniel T. McCarthy, an attorney licensed to practice law in the state of Montana. The petition was based on McCarthy's September 18, 2013 disbarment in the state of Arizona for ethical misconduct including misappropriation of client funds.
Pursuant to Rule 27B(2) of the Montana Rules for Lawyer Disciplinary Enforcement (MRLDE), this Court issued to McCarthy notice of the petition for reciprocal discipline and invited him to respond within 30 days with any claim he wished to raise that imposition of the identical discipline in the state of Montana would be unwarranted. The notice was sent to McCarthy's current address as required to be maintained on file with the State Bar of Montana, pursuant to MRLDE 18. It was returned as undeliverable and "unable to forward."
Based on McCarthy's failure to maintain a current address with the State Bar of Montana and his failure to inform the Court of any reason why discipline identical to that imposed in Arizona should not be imposed upon him in Montana,
IT IS HEREBY ORDERED that Daniel T. McCarthy is DISBARRED from the practice of law in Montana, effective as of the date of this Order.
The Clerk of this Court is directed to serve a copy of this Order of Discipline upon Daniel T. McCarthy at his last known address 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 court 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.