Attorney for ODC seeks Myers disbarment
By Michael Howell
On Thursday, July 22, in Missoula, after a series of hearings on three separate complaints that spanned about eleven hours, Jon Moog, state attorney for the Office of Disciplinary Counsel (ODC), stated that, based on the facts presented, Hamilton attorney Robert Myers should be disbarred. Each of the three complaints of professional misconduct have to do primarily with advertising that Myers placed during his campaign against incumbent Judge Jeffrey Langton in the last election. Moog claims that Myers ran ads with inflammatory allegations that he knew to be false at the time, and called it “nothing more than character assassination.”
The ads contained allegations about Langton purchasing drugs from a child, using cocaine, committing fraud upon the court, all of which Langton has denied. One of the ads had a jingle that repeated the lines “Liquor Langton,” referring to Langton’s past drinking problems which are a matter of record. Judge Langton has made a criminal complaint against Myers for placing the ads. That complaint is being investigated by the Missoula County Sheriff’s Office.
The complaints concerning professional misconduct by Myers were heard before an Adjudicatory Panel of the ODC. Myers did not show up at the first hearing to address the initial complaint. However, Judge Langton and his long-time law clerk Jan Duffin did testify.
Langton denied the allegations made in the advertisement which contained the voice of Dan Cox accusing Langton of illegal actions in a custody case that Cox was involved in before Langton’s court. He accuses Langton of ex parte communications with the opposing party’s attorney and perpetrating fraud upon the court. Myers tried to subpoena Langton and depose him on the issue. Langton quashed the subpoena and sanctioned Myers, fining him $10,000 in that case. His ruling was upheld by the Montana Supreme Court. He called Myers’ ads a “smear campaign” and said, “I could not believe this man would stoop this low.” Langton stated that he has been serving as Ravalli County District Court Judge since 1993, is the longest serving district court judge in the state, and has never sanctioned another attorney in all that time.
Jan Duffin, Langton’s law clerk of 17 years, also testified and said it was “very difficult to discern what Myers wanted” when he filed his briefs.
“I have never read a poorer briefing,” said Duffin. “His arguments were incomprehensible, his work was poor, full of misspellings and incomplete sentences that made no point.”
Moog called Myers’ claims outlandish, frivolous, offensive and defamatory and asked that he be placed on suspension immediately.
When Myers finally did appear at the second hearing, he admitted placing the ads and said that he stood by them.
“I don’t care what the Supreme Court of Montana says,” said Myers. “I certainly don’t care what Judge Langton says. I move to dismiss this and we get back to being Americans.” He said that he had a right to free speech and that his speech was protected by the Constitution. Referring to himself as a “private Attorney General,” Myers refused to answer some questions, claiming his Fifth Amendment right against self incrimination. He said that, due to the criminal case lodged against him by Langton, he and his witnesses were unable to testify in his defense at the misconduct hearings. He claims that the state laws being used against him are unconstitutional and that the Montana Supreme Court “should be ashamed” for supporting them.
Asked why he did not file criminal charges against Langton based on his witnesses and evidence, Myers stated that he had simply not yet done it, adding, “This is just the tip of the iceberg.”
Moog asked for a three-month suspension of Myers’ license to practice law for what he did in Cox’s child custody case. He asked for a two-year suspension for a couple of ads run in the primary campaign and finally asked the Adjudicatory Panel to recommend disbarment.
The Adjudicatory Panel will consider the testimony presented at the hearings and publish its findings of fact and possibly a recommendation for disciplinary action. Myers will then have thirty days to respond and the state will then have thirty days to respond to that. The final recommendation will be forwarded to the Montana Supreme Court where the court will make the final determination concerning the facts and any disciplinary actions to be taken.