IN THE MATTER OF JOSHUA S. VAN DE WETERING, An Attorney at Law, Respondent.
Moog Deputy Disciplinary Counsel Office of Disciplinary
Office of Disciplinary Counsel for the State of Montana
("ODC"), hereby charges Joshua S. Van de Wetering
with professional misconduct as follows:
Joshua S. Van de Wetering, hereinafter referred to as
Respondent, was admitted to the practice of law in the State
of Montana in 1993, 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
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.
realleges and incorporates paragraphs 1 through 2 of the
General Allegations as if fully restated in this Count One.
December 27, 2014, while on probation, Sean Malatare
("Malatare") was arrested and charged with Criminal
Possession of Dangerous Drugs with Intent to Distribute and
Obstructing a Peace Officer. Malatare was incarcerated at the
Missoula County Detention Center ("MCDC").
the day of Malatare's arrest, $10, 318.00 in cash
belonging to Malatare was seized by law enforcement.
or about January 5, 2015, Malatare hired Respondent to
represent him. 7. On January 13, 2015, an Information was
filed against Malatare in Missoula County District Court.
January 30, 2015, the State of Montana, by and through the
arresting officer, initiated forfeiture proceedings against
the $10, 318.00 in Missoula County District Court.
April 13, 2015, the forfeiture case was dismissed.
April 14, 2015, the criminal charges were dismissed.
Malatare, however, was still held for alleged probation
April 20, 2105, Respondent picked up Malatare's $10,
318.00 from the authorities and deposited ...