IN THE MATTER OF GENET McCANN, An Attorney at Law, Respondent.
Court No. ODC File No. 17-110
Moog Deputy Disciplinary Counsel
McCann (Respondent), Shelly Smith (Court Reporter) Office
Administrator, Michael W. Cotter (Attorney)
leave of the Commission on Practice granted on October 12,
2017, the Office of Disciplinary Counsel for the State of
Montana ("ODC"), hereby charges Genet McCann with
professional misconduct as follows:
Genet McCann, hereinafter referred to as Respondent, was
admitted to the practice of law in the State of Montana in
2011, at which time she took the oath required for admission,
wherein she 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.
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.
or about November 2013, attorney Tina Morin
("Morin") began representing Ronald Lowney
("Ron") as an interested party in a
guardianship/conservatorship action in Butte-Silver Bow
County District Court styled In the Matter of Judith A.
Lowney. An Incapacitated Person, Cause No. DG-11-15,
Honorable Kurt Krueger presiding ("the guardianship
proceeding"). Upon information and belief, Morin was
retained by Ron, a resident of Butte, to pursue appellate and
post-judgment relief consistent with his interests in
expanded, unsupervised visitation with his wife of fifty
years, Judith Lowney ("Judy"), as Judy's
guardians (her brother and sister-in-law, Robert and Debbie
Bugni, hereinafter "the guardians") had placed her
in an assisted living center near their home in Helena, and
Judge Krueger had limited Ron's visitation to once
monthly, if practical, on a supervised basis.
the guardianship proceeding, Judge Krueger appointed attorney
Debbie M. Churchill ("Churchill") as Judy's
guardian ad litem and counsel of record by Order filed June
9, 2011, which Order remains in effect.
the guardianship proceeding, attorney Steven Shapiro
("Shapiro") represents the guardians.
the guardianship proceeding, Judy was judicially determined
to be incapacitated and appointed permanent full guardians
and conservators on July 15, 2011. Judy's grown children
were initially appointed but subsequently replaced by the
guardians at present in May 2013.
or about November 18, 2013, Morin filed a notice of appeal
concerning Judge Krueger's final orders appointing the
guardians, awarding of spousal support and attorneys'
fees, and imposing the visitation restriction. The appeal was
docketed as DA 13-0767 and styled In the Matter of:
J.A.L.. An Incapacitated Person.
Following briefing, the Montana Supreme Court affirmed Judge
Krueger's rulings by Opinion published on July 23, 2014
at 2014 MT 196.
During and after the pendency of Ron's direct appeal,
Morin filed a series of district court petitions for writ of
mandate and related motions concerning Ron's visitation
with Judy and ancillary issues. The series includes a
Petition for Writ of Mandate filed December 23, 2013; a
Second Petition for Writ of Mandate filed December 31, 2013;
a Motion to Enforce Guardianship Order and Third Petition for
Writ of Mandate filed January 24, 2014; a Motion for Annual
Report and Request for Consistent and Regular Visitation
filed November 19, 2015; and a Fourth Petition for ...