Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Wetering

Supreme Court of Montana

April 28, 2017

IN THE MATTER OF JOSHUA S. VAN DE WETERING, An Attorney at Law, Respondent.

          Jon G. Moog Deputy Disciplinary Counsel Office of Disciplinary Counsel

         The Office of Disciplinary Counsel for the State of Montana ("ODC"), hereby charges Joshua S. Van de Wetering with professional misconduct as follows:

         General Allegations

         1. 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 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. On 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").

         5. On the day of Malatare's arrest, $10, 318.00 in cash belonging to Malatare was seized by law enforcement.

         6. On 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.

         8. On 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.

         9. On April 13, 2015, the forfeiture case was dismissed.

         10. On April 14, 2015, the criminal charges were dismissed. Malatare, however, was still held for alleged probation violations.

         11. On April 20, 2105, Respondent picked up Malatare's $10, 318.00 from the authorities and deposited ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.