High Court Turns Down Lawyer’s Reinstatement

The state Supreme Court has refused to reinstate suspended Rio Rancho lawyer Dennis Montoya, saying it hasn’t seen evidence that he recognizes the seriousness of his misconduct and would mend his ways.

The high court, however, left the door open for Montoya to petition again for reinstatement if he meets certain conditions.

“Dennis is still considering the court’s order and hasn’t yet decided what he will do,” his lawyer, Charles Vigil, said Wednesday.

The court issued its unanimous decision last week. It had heard a recommendation from its Disciplinary Board on Dec. 11 that Montoya be allowed to return to practicing law under supervision.

Montoya has been suspended since April 25, 2011, for professional misconduct including making false statements to state and federal courts, failing to avoid conflicts of interest, failing to competently represent clients, and failing to meet court deadlines.

The court’s order said that although the proposed supervision by another lawyer would address some of the problems, there was no evidence that Montoya recognized the seriousness of his misrepresentations to courts nor that he had taken concrete steps “to rectify those moral failings.”

And the conditions for reinstatement recommended by the Disciplinary Board wouldn’t necessarily protect against Montoya’s “past penchant for dishonesty before the courts,” the Supreme Court said.

Montoya — who attributed his earlier problems to a heavy caseload and overwork — has said he would like to work as an assistant district attorney. But the Supreme Court was told during the Dec. 11 hearing he didn’t have anything firm lined up and may have to be in private practice.

The court ordered that before petitioning for reinstatement, Montoya would have to secure at least one job offer in a position where he would be closely supervised. If he were in private practice, he would have to get professional liability insurance.

He would have to take a test on professional rules given by the Board of Bar Examiners that typically is given to new lawyers, and undergo a “character and fitness evaluation” by the same board.

Montoya also would be required to present evidence that he has the character to comply with the duty to be honest and candid; present witnesses who testify that he understands the ethical issues that led to his discipline; and “establish by clear and convincing evidence that he has the moral qualifications necessary to resume the practice of law,” the court ordered.
— This article appeared on page C1 of the Albuquerque Journal