On Wednesday, August 3, 2022, the Commission on Practice of the Supreme Court of the State of Montana issued a Citation to Appear in Answer to Complaint of the Office of Disciplinary Counsel addressed to Billings attorney Linda Harris.
The case, titled In the Matter of Linda Harris, was brought by the Office of Disciplinary Counsel, ODC File Nos. 20-091, 21-001, 21-044 and 21-047.
The Citation commanded Harris to make and file with the Clerk of the Supreme Court of Montana her written answer to the Complaint within twenty-one (21) days from the date of service upon Harris of the Citation and the attached Complaint.
The Citation states that any procedural motions filed by Harris or her counsel prior to the filings of the Findings, Conclusions, and Recommendations of the Commission of Practice shall be addressed and filed with Shelly Smith of the Commission on Practice, and served upon the Office of Disciplinary Counsel.
It also notes that if Harris fails to file an answer within the time prescribed, she may be subject to default as provided by Rule 12C(2), Montana Rules for Lawyer Disciplinary Enforcement (MRLDE).
Accordingly, on August 29, 2022, Respondent Harris filed her Answer to the Complaint before the Commission on Practice and to the Office of Disciplinary Counsel.
The Answer to the Complaint states:
“Respondent has been the subject of considerable informal and formal discipline since 1995. In 2005, three grievances were consolidated into one Complaint and Respondent entered a Conditional Admission admitting to violations of Rules 1.3, 1.4, 3.3, 3.4, and 1.16, in exchange for a Public Censure, probation and payment of costs. In 2019, ODC filed and charged Respondent with misconduct in two Complaints; Respondent again exchanged her tendered admission for a Public Censure, probation, mentorship, and payment of costs for her violations of Rules 1.3, 1.4, and 3.2.”
The Answer to the Complaint continues:
“Since her Order of Discipline in January 2020, Respondent remains on probation and has continued to work with her mentor. Despite repeated discipline, and even with specific conditions, ODC has continued to receive multiple grievances, with nearly identical complaints to those for which she was formerly disciplined.”
Respondent also stipulated in the Answer her admissions and denials of each of the allegations contained in ODC File Nos. 20-091, 21-001, 21-044 and 21-047.
According to Lawyer.com, Ms. Harris practices in Billings, Montana and she has been licensed in Montana.
A copy of the original filing can be found here.