Matter of Patrick Sandefur

11/18/2020
FILED
09/29/2020
Commission on Pracitce
of the Supreme
Case Court
Number: PR 20-0039
State of Montana
EDMUND F. SHEEHY,JR.
Office pf the State Public Defender
Conflict Defender Division
21.1 N. Higgins Ave., Ste. 401
3
Missoula, MT 59802
(406)329-1640
esheehvamt.wv
FILE
Attorney for Respondent
NOV 18 2020
Bowen Greenwood
6 Clerk of Supreme Court
State, of Montana
7 BEFORE THE COMMISSION ON PRACTICE OF THE
SUPREME COURT OF THE STATE OF MONTANA
9 ****** *******
10 IN THE MATTER OF PATRICK SANDEFUR, ) Supreme Court No. 20-0039
11 An Attorney at Law, ) ODC File Nos. 19-078
)
12 Respondent. ) CONDITIONAL ADMISSION AND
) AFFIDAVIT OF CONSENT r
13
14 STATE OF MONTANA )
: ss.
15
COUNTY OF MISSOULA )
16
Patrick Sandefur, being first duly sworn upon oath deposes and affirins as follows.
17
1. r am the respondent. I tender my conditional admission and make this affidavit of
18
consent pursuant to Rule 26, Montana Rules for Lawyer Disciplinary Enforcement (2018), in
19
exchange for the stated forms of discipline.
20
2. I am a lawyer against whom a formal complaint has been filed alleging ethical
21
misconduct. I am infomied and aware of the allegations against me and understand that; if those
22
allegations are proved by clear and convincing evidence, thete exist grounds for discipline
23
against me.
24
3. I present this affidavit of consent and my tendered admission to an Adjudicatory
25
Panel of the Commission on Practice in exchange for the form of discipline described below. If
CONDITIONAL A DIVIISSION AND AFFIDAVIT OF CONS;ENT- Page .11
the Cornmission on Practice approves my tendered adrnission, I acknowledge My tendered
admission is subject to acceptanc.e Or rejection by the Montana Supreme Court. If my
.3 conditional admission is rejected by either the Comrnission on Practice or the Supreme Court,
4 then I understand rny admission shall be deerned withdrawn and cannot be tised against rne in
5 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 arn fully aware of the implications of submitting rny
8 conditional admission and affidavit of consent.
5. Consistent with the foregoing, I admit all the allegations in the cOmplaint are true,
specifically:
A. I was admitted to the practice of law in the State of Mdritana in 1997, at
which time I toOk the oath required for admission, wherein I agreed to abide by the Rules
13 of Professional Conduct, the Disciplinary Rules adopted by the Suprerne Court, and the
14 highest standards of honesty; justice and morality, including but not limited to, those
15 outlined in parts 3 and 4 of Chapter 61, Title 37, Montana Code Annotated.
16 B. I was appointed to represent the three defendants in the underlying
17 complaints.
18 C. During the tirne period of July through September; 2019, ODC received
19 grievances from each of the defendants alleging I engaged in unethical conduct while
20 representing them. The grievances were docketed as ODC File Nos. 19-075, 19-076, and ,
21 19-102.
22 D. ODC sent the grievances to rne in August (19-075 and 19-076) and
23 October 2019(19-102(, requesting responses to each. I did not respond.
24 E. ODC sent second notices of the grievances in Septernber and November,
25 respectively, which were received at my office, again requesting responses.
.CONDITIONAL ADMISSION AND AFFIDAVIT OF CONSENT - Page 2
F. In a phone conversation with ODC on October 2, 2019, I was granted an
2 extension to October 11, 2019 to provide my responses in 19-075 and 1.9-076.
3 G. ODC emailed• me on October 28, 2019, reminding me of the missed
4 deadline and the pending deadline for 19-102. By return email that same day, I advised I "
5 had been "workihg diligently" to answer the grievanCes and would have them mailed and
ernailed that day. I did not do so.
H. Despite ODC filing a formal cornplaint:and continued requests by ODC
for rny respcinse, through my attorney, I did not file rny responses to the three grievances
9 until late August 2020..
10 I. While not charged in the January 15, 2020 Complaint, I adrnit I violated
11 Rule 8.1(a), MRPC, by knowingly making a false Statement when I advised ODC:on
12 October 28, 2019 that the responses would he mailed and emailed that day.
13 J. As charged, in the Complaint, by rny conduct outlined above, I admit I
14 repeatedly violated Rule 8.1(b), MRPC,for failing to promptly and diligently respond to
15 ODC's inquiries.
16 K. I admit I appeared before the Cornrnission on Practice in July 2019 for a
17 Rule 24, MRLDE, Order to Show Cause hearing for my failure td respond to a prior
18 grievance.
19 6. I tender my adrnissions in exchange fOr the following forrns of discipline:
20 A. An admonition by the Commission on Practice to be delivered in writing
21 or orally, at the Cornrnission's discretion.
22, B. I understand ODC will advocate for imposition of a 30-day suspension
23 frorn tlie practice of law. I will advocate for a lesser sanction.
24 C. I further acknowledge the Commission's decision to impose discipline is
25 final unless, within ten days of the Comrnission's decision, the responding lawyer, ODC,
CONDITIONAL ADMISSION AND AFFIDAVIT OF CONSENT - Page 3
or.a member of the public fileS a petition with the Clerk of the Supreme Court asking the
Court to review the decision.
D. I agree to the payment of costs incurred by ODC and the Commission on.
Practice in connection with this. matter.
DATED this 28'1
'day of Septernber 2020.
Patrick San efur
STATE OF MONTANA )
):ss
COUNTY OF MISSOULA )
This instrurnent was SIGNED AND SWORN TO before me on this
2.th::. i ,- I;Ole CK SANDEFUIR.
NOTARY PUBLIC fof tit A ii
State of Montan§
Residing at Mioatilo, MT
My COMMIŠ§bli SOW —711V/
January 31, 2024, No a y Bun for the State of Montana
RESPECTFULLY SUBMITTED this , ''day of 2020.
Edmund Sheehy, Attorney for Resp
CERTIFICATE OF SERVICE
I hereby certify that .on this 'Oay of September, 2020, I served • a copy of the
foregoing document on ODC by ernalling a copy to Pamela D. Bucy, Chief Disciplinary Counsel
at: pbucy(amontanaodc.org.
Edmund Sheehy
CONDITIONAL ADMISSION AND AFFIDAVIT OF CONSENT - Page 4