IN THE MATTER OF ROBERTA M. CROSS GUNS, An Attorney at Law, Respondent.
File No. 17-062
ROBERTA M. CROSS GUNS II Attorney at Law, Respondent, Pro Se.
Michael W. Cotter Office of Disciplinary Counsel.
CONDITIONAL ADMISSION AND AFFIDAVIT OF
Roberta M. Cross Guns, being first duly sworn upon oath,
deposes and affirms as follows.
1. I am
the Respondent I tender my conditional admission and make
this affidavit of consent pursuant to Rule 26, Montana Rules
for Lawyer Disciplinary Enforcement (2018), in exchange for
the stated forms of discipline.
2. I am
a lawyer against whom a formal complaint has been filed
alleging ethical I 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 Adjudicator/ Panel of the Commission on Practice in
exchange for the form of discipline described below. If the
Commission on Practice approves my tendered admission, I
acknowledge my tendered admission is subject to acceptance or
rejection by the Montana Supreme Court. If my conditional
admission is rejected by either the Commission on Practice or
the Supreme Court, then I understand my admission shall be
deemed withdrawn and cannot be used against me in this or any
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. 5. Consistent with the
foregoing, I admit Count One of the Complaint is true.
Specifically, I admit:
i. On April 13, 2017, Montana Eighth Judicial District Court
Judge Gregory Pinski, in compliance with Rule 2.16 of the
Montana Code of Judicial Conduct and Rule 8.3 of the Montana
Rules of Professional Conduct, filed a report regarding my
conduct, which consisted of his April 13, 2017 Contempt Order
with the attached exhibits. Judge Pinski supplemented his
report to ODC on June 16, 2017, September 19, 2017, and
November 24, 2017, with subsequent orders issued by him and
the Montana Supreme Court. The following is a chronology of
my failed or tardy appearances before the Eighth Judicial
District Court that form the basis for Judge Pinski's
a. 10/23/2013 - Failed to Appear at Omnibus Hearing
b. 11/7/2013 - Failed to Appear at Hearing (BDC-13-108)