January 22, 2014
IN THE MATTER OF MARTIN J. EVELAND, an Attorney at Law, Respondent.
ORDER OF DISCIPLINE
On May 16, 2013, a formal disciplinary complaint was filed against Montana attorney Martin J. Eveland in this Court's Cause No. 13-0342. That complaint was based on Eveland's failure to comply with a prior disciplinary Order of this Court. On July 25, 2013, a second disciplinary complaint was filed against Eveland, in this Court's Cause No. 13-0491. Both disciplinary complaints may be reviewed by any interested persons in the office of the Clerk of this Court.
The Commission on Practice held a hearing on the two complaints, which matters it consolidated, on October 18, 2013. Eveland failed to appear at the hearing, despite notice. No request was made by Eveland to continue the hearing, and Eveland did not otherwise contact the Office of Disciplinary Counsel (ODC) or the Commission regarding the hearing.
On December 10, 2013, the Commission submitted to this Court its Findings of Fact, Conclusions of Law, and Recommendation for discipline in the consolidated disciplinary matters. Eveland did not file any objections within the time allowed.
The Commission has concluded, based on the allegations of the complaints and the evidence produced at the hearing, that Eveland has failed to comply with the mentoring required by this Court in the prior disciplinary matter, and that his failure to abide by the conditions of his probationary period imposed in that case constitutes a violation of this Court's Order in that matter and provides grounds for discipline pursuant to Rules 8A(5) and 9C of the Montana Rules for Lawyer Disciplinary Enforcement (MRLDE). The Commission further concluded that Eveland's failure to appear at a January 18, 2013, show cause hearing in that prior disciplinary matter and at the October 18, 2013, hearing in the present consolidated matters is a violation of Rule 8A(6), MRLDE, and of Rule 8.1(b) of the Montana Rules of Professional Conduct (MRPC). In addition, the Commission concluded that Eveland's failure to respond to ODC's lawful demands concerning the pending complaints against him constitutes a violation of Rule 8.1, MRPC, and of Rule 8A(6), MRLDE.
The Commission recommends that, as a result of these violations of the Montana Rules of Professional Conduct and the Montana Rules for Lawyer Disciplinary Enforcement, Eveland be disbarred from the practice of law in Montana and that he be assessed the costs of these proceedings.
Based upon the Court's review of the record in this matter,
IT IS HEREBY ORDERED:
1. The Commission's Findings of Fact, Conclusions of Law, and Recommendation are ACCEPTED and ADOPTED.
2. Martin J. Eveland is hereby disbarred from the practice of law in Montana.
3. Eveland shall pay the costs of these proceedings subject to the provisions of Rule 9(A)(8), MRLDE, allowing objections to be filed to the statement of costs.
The Clerk of this Court is directed to serve a copy of this Order of Discipline upon Martin J. Eveland 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.