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In re Myers

Supreme Court of Montana

January 13, 2017

IN THE MATTER OF ROBERT C. MYERS, An Attorney at Law, Respondent.

          Jon G. Moog Deputy Disciplinary Counsel, Office of Disciplinary Counsel.

          COMPLAINT

         Upon leave of the Commission on Practice granted on January 12, 2016, the Office of Disciplinary Counsel for the State of Montana hereby charges Robert C. Myers with professional misconduct as follows:

         General Allegations

         1. Robert C. Myers, hereinafter referred to as Respondent, was admitted to the practice of law in the State of Montana in 2010, at which time he took the oath required for admission, wherein he agreed to abide by the Rules of Professional Conduct, the Disciplinary Rules adopted by the Supreme Court, and the highest standards of honesty, justice and morality, including but not limited to, those outlined in parts 3 and 4 of Chapter 61, Title 37, Montana Code Annotated.

         2. The Montana Supreme Court has approved and adopted the Montana Rules of Professional Conduct ("MRPC"), governing the ethical conduct of attorneys licensed to practice in the State of Montana, which Rules were in effect at all times mentioned in this Complaint.

         Count One

         3. ODC realleges and incorporates paragraphs 1 through 2 of the General Allegations as if fully restated in this Count One.

         4. Respondent was a candidate for district court judge in Ravalli County, Montana, for the election held November 8, 2016. Judge Jeffrey Langton was the incumbent in the race.

         5. In mid to late October 2016, Respondent produced several campaign advertisements.

         6. One advertisement consisted of a mailer sent to residents of Ravalli County which the following content:

Did District Court Judge Jeff Langton sit in judgment of the ex-boyfriend of his cocaine and sex partner in case where she was the alleged victim?
Sentencing him to 70 years in prison.
Witnesses in a federal case have come forward with the confession of Heather Portner.
Portner confessed to these witnesses that she partied with Langton. That Portner and Langton did cocaine and that she and Langton's live-in-girlfriend would engage in sex with Langton in his hot tub.
Langton oversaw the sentencing of Portner's ex-boyfriend where Portner was the alleged victim. Langton did not recuse himself from the case nor did he inform the defendant of his relationship with Portner.
Portner asked Langton to give her ex-boyfriend the maximum sentence to which he complied despite the ex-boyfriend ...

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