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In re Guns

Supreme Court of Montana

September 18, 2018

IN THE MATTER OF ROBERTA M. CROSS GUNS, An Attorney at Law, Respondent.

         ODC 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 CONSENT

         STATE OF MONTANA

         ss.

         COUNTY OF CASCADE

         I 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.

         3. I 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is rejected by either the Commission on Practice or the Supreme Court, then I understand my admission shall be deemed withdrawn and cannot be used against me in this or any subsequent proceeding.

         4. My 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[1]. 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 contempt citations[2].
a. 10/23/2013 - Failed to Appear at Omnibus Hearing (BDC-13-108)
b. 11/7/2013 - Failed to Appear at Hearing (BDC-13-108) ...

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