File No. 18-001
Timothy B. Strauch Strauch Law Finn, PLLC, Lance P. Jasper,
Reap, Bell, Laird & Jasper, PC, Attorneys for Respondent.
H. Bjornson, Respondent.
CONDITIONAL ADMISSION AND AFFIDAVIT OF
L. Deschamps, III District Judge.
H. Bjornson, being first duly sworn upon oath, deposes and
affirms as follows.
1. I am
the Respondent in this matter, I tender my conditional
admission and make this affidavit of consent pursuant to Rule
26, Montana Rules for Lawyer Disciplinary Enforcement (2011),
in exchange for the stated forms of discipline.
2. I am
a lawyer against whom a formal complaint has been filed
alleging ethical misconduct. I am informed and aware of the
allegations against me and understand that, if those
allegations are proved by clear and convincing evidence,
there exist grounds for discipline against me.
present this affidavit of consent and my tendered admission
to an Adjudicatory Panel of the Commission on Practice in
exchange for the forms of discipline described below: If the
Commission on Practice approves my tendered admission, the
Commission will issue a recommendation of approval to the
Montana Supreme Court, which will then either approve or
reject the tendered admission. Should either the Commission
or Court reject the admission, :then I understand my
admission shall be deemed withdrawn and cannot be used
against m& in subsequent proceedings. I also acknowledge
that I may be subject to reciprocal discipline by any other
jurisdiction to which I am admitted upon the Court's
approval and imposition of discipline, Including:
a. United States District Court, Montana;
b. United States Tax Court; and
c. Washington State Bar.
consent to discipline is freely and voluntarily tendered. I
am not subject to coercion or duress of any kind. I am fully
aware of the implications of submitting my conditional
admission and affidavit of consent.
filed a Verified Answer unconditionally admitting to all the
allegations in the Complaint.
Consistent with the foregoing, I additionally admit pursuant
to Rule 26 the following:
a. On November 7, 2017, I pleaded guilty to one count of
Driving Under the Influence of Alcohol, 4th or Subsequent
Offense, a felony, in violation of $61 -9-401(1)(a), MCA. A
Pre-Sentence Investigation Report was ordered prior to
sentencing on the conviction upon which the Complaint is
predicated, which is filed as Exhibit A, a Sealed
b. For the foregoing conviction, I received a five-year
suspended sentence, with conditions, on January 2, 2018 (a
copy of the Judgment is attached hereto as Exhibit B).
c. In addition to the above-referenced conviction, my
criminal history includes: six additional DUI-related
offenses listed below and is detailed in a summary-created by
ODC in the attached Exhibit C:
i. 9/24/1998: DUI, misdemeanor; 2/5/1999 - amended to Per Se
Operating: Motor Vehicle with .08; 10 days suspended, $300
ii. 10/24/1998: DUI, misdemeanor; 2/5/1999 - 6 months
suspended, ACT program; $350 fine plus fees;
iii. 1/21/2001: DUI, misdemeanor(BAC .273); 12/28/2001 -1
year all but 10 days suspended; ACT/Turning Point program;
$1000 fine plus fees;
iv. 12/31/2001: Reckless Driving, amended from DUI 3rd;
8/19/2002 - 90 days suspended; ACT program; $500 fine plus
fees. Also Failure to Give Notice of Accident - 10 days
suspended; SI 00 fine;
v. 6/15/2003: DUI, felony (Lake County) - 4/30/2004 - 13 mos.
DOCw/2 year probation; $1, 000 fine; and
vi. 8/21/2009: DUI, felony (Carbon County) -12/14/09 - 5-year
Deferred Prosecution; dismissed 12/14/09; $15, 000
reimbursement to Red Lodge Police Dept.
admit that my conviction of felony DUI and my alcohol
addiction affect my ability to effectively practice law if I
am not in compliance with the conditions set forth in the
attached Exhibit D.
my conduct as outlined above and charged in the Complaint, I
admit I violated the following Rules of Professional Conduct:
a. Rule 8A(3), RLDE, conduct which results in conviction of a
criminal offense is a ground for discipline.
b. Rule 8.4(b), MRPC, it is professional misconduct for a
lawyer to commit a criminal act that reflects adversely on
the lawyer's honesty, trustworthiness or fitness as a
lawyer in other respects[.]"
c. Rule 23 C, RLDE, the sole issue to be determined in the
formal disciplinary proceedings herein "shall be the
extent of the final ...