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In re McCann

United States District Court, D. Montana, Helena Division

January 11, 2018

In the Matter of Genet McCann, An Attorney-at-Law, Respondent, In the Matter of Genet McCann, An Attorney-at-Law, Respondent.

          ORDER

          SAM E. HADDON, UNITED STATES DISTRICT JUDGE

         The following documents have been filed in this Court on or after January 10, 2018:

1. Respondent's Notice of Civil Rights Removal from the Commission on Practice of the Supreme Court of the State of Montana No. PR 17-0670; ODC 17-110 Pursuant to 28 U.S.C. § 1443(1).[1]
2. Respondent's Notice of Civil Rights Removal from the Commission on Practice of the Supreme Court of the State of Montana No. PR 16-0635; ODC 15-078 Pursuant to 28 U.S.C. § 1443(1).[2]
3. The Office of Disciplinary Counsel for the State of Montana's Motion For Remand, filed on January 10, 2018, at 5:57 p.m.[3]
4. The Office of Disciplinary Counsel for the State of Montana's Brief in Support of Motion for Remand, filed on January 10, 2018, at 6:01 p.m.[4]
5. The Office of Disciplinary Counsel for the State of Montana's Motion For Remand, filed on January 10, 2018, at 6:03 p.m.[5]
6. The Office of Disciplinary Counsel for the State of Montana's Brief in Support of Motion for Remand, filed on January 10, 2018, at 6:07 p.m.[6]

         Genet McCann did not appear for the show cause proceedings in In the Matter of Genet McCann, Montana Supreme Court Case No. PR 17-0670, set for 8:30 a.m., January 11, 2018, or for the formal disciplinary proceedings in In the Matter of Genet McCann, Montana Supreme Court Case No. PR 16-0635, set for 9:00 a.m., January 11, 2018. Those proceedings did not proceed as scheduled or at all and were not held.

         Notwithstanding any provisions of the Federal Rules of Civil Procedure or the Local Rules of Procedure for the United States District Court for the District of Montana to the contrary, the Court has determined that exigencies of the pending issues mandate that the Court address and rule upon the Motions to Remand[7]forthwith without any or further delay.

         Actions taken to remove Montana Supreme Court Case No. PR 17-0670 and Montana Supreme Court Case No. PR 16-0635 were not proper. Respondent has wholly failed and refused to accept (1) that disciplinary proceedings are sui generis and are neither civil or criminal in character; (2) that the Montana Supreme Court has jurisdiction over matters related to discipline of lawyers licensed to practice in Montana; (3) that such matters are beyond and outside the jurisdiction of this Court; and (4) that such matters are not subject to removal to federal court.[8]

         ORDERED:

         1. Cause No. CV 18-02-H-SEH and Cause No. CV 18-03-H-SEH are DISMISSED.

         2. The Court will set a hearing on the Office of Disciplinary Counsel for the State of Montana's request for ...


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