Petition for Reinstatement (Voluntary)

07/23/2024

Case Number: PR 24-0004 Petitioner Name James Duncan Address 1801 Pennsylvania Ave., NW, Suite 1000 City, State, Zip Washington, DC 20006 Telephone 202-378-2362 [email protected] SUPREME COURT OF THE STATE OF MONTANA No. pvq-A3041

IN RE PETITION OF JAMES DUNCAN (nanie) FOR REINSTATEMENT TO ACTIVE STATUS IN THE STATE BAR OF MONTANA

PETITION

COMES NOW JAMES DUNCAN (name) and respectfully petitions this Court for reinstatement to active status pursuant to Section 3 of the By-Laws of the State Bar of Montana.

Petitioner was admitted to the State Bar of Montana on (date) Petitioner (check one): l___ Voluntarily chose inactive status on (date).

L. Voluntarily chose emeritus status on (date).

I _J Voluntarily chose senior status on (date).

Was placed on inactive status by the State Bar of Montana pursuant to Rule 3B2, 7 and 13, of the Rules for Continuing Legal Education on (date) as a result of noncompliance with CLE requirements.

L_ Was suspended for noncompliance with CLE requirements on (date).

Ell Has been suspended for three or more consecutive years for nonpayment of dues.

Petitioner was suspended on (date).

April 2, 2021 M Voluntarily resigned membership on (date).

Petitioner is willing and able to pay active dues, fees, and the state license tax to the State Bar of Montana and comply with any continuing education requirements this Court may impose.

Petitioner M is / U is not actively practicing law in another jurisdiction. (If so, provide the jurisdiction(s) and dates of active status Utah, 03/17/2020 to the present .)

Petitioner LI has / 12_1(has not been employed as a law clerk while on inactive status. (lf so, provide the court(s) and dates of employment as a law clerk .)

Petitioner LI is / LN is not currently suspended, disbarred, or otherwise ineligible to practice law in another jurisdiction. (If so, provide the pertinent details.)

Petitioner L is / 'Nis not currently subject to disciplinary proceedings or pending disciplinary proceedings in another jurisdiction. (If so, provide the pertinent details.)

Petitioner LI has / LN has not been charged with a criminal offense while not on active status. (If so, provide the pertinent details.)

Petitioner Li has / LN has not accrued delinquent debt or filed for bankruptcy while not on active status. (lf so, provide the pertinent details.)

Petitioner has / E?c_has not failed to fulfill the obligations of a public office or professional license (other than as an attorney) while not on active status. (If so, provide the pertinent details.)

Finally, petitioner has / LN has not committed any acts or omissions while not on active status which would be sanctionable under the Montana Rules of Professional Conduct.

(If so, providc thc pertinent details.)

WHEREFORE, petitioner requests reinstatement as an active member of the State Bar of Montana.

The above statements are true based upon petitioner's knowledge and belief.

DATED this 15th day of July ,20 24 .

BY:

SUBSCRIBED AND SWORN TO before me this6 day of 244 by Climes I17 DonaLn (petitioner's name).

LAUREL PEREZ Notary Public - State of Uta k kifa' I Comm. No. 726520 my Commission Expires or.

Notary Signature Sep 2, 2026 Printed Name ofsNotary rei (Notarial Seal) Residing at --FiloSHOYA Notary Public for the State of Ur - My Cornmission Expires CI 'j)40

This original petition and one copy must be submitted to the Montana Supreme Court Clerk's Office, P.O. Box 203003, Helena, MT 59620. Please provide a copy to the State Bar mcolberAiul (Linontonabaroro or P.O. Box 577, Helena, MT 59624.

CERTIFICATE OF GOOD STANDING

*Thisrclocanientexpires.B0-clays from-thezdate of issuance*

Issued i 4i/ o 6 18/2024

To orn t May-Concern: O Ref,CER LIFICATE OFZOOD STANDING for ames Mauncan \Dint ( til itnuNo. IIN l 1n68 wamslmitted This is to certify that:Tames M Duncan, i t Stataflar to ce law in Utah n ' 131 7/2020' f ° i 6.triding,, is def....ilea-Ls 1 'I VI . %.

II .--,,,„, „,iif, )1 i amep M Duncan is:currently an ACTIVE.membe of the Utah State Bar in good standing. "Good lawyer who is current lathe paynment of all Bar licensingtees, las met / n mandatory continuing legal education requiremeats, if dpplicable, and is not disbana presently on trobaton, suspended, ohms not resigned wOdiscipliiie pending, from the pracfite of law in this state 0 0 ktoia ti cin a. N, 41 / Maribeth LeHorix General Counsel Utah State Bar

No.2024 -1100199 verify by email at [email protected] ti

Office of Professional Conduct F CE Serving the Public by Regulating Attorneys and Licensed Paralegal Practitioners ihi ll i111101 ft/ PROFESSIONAL 645 South 200 East, Suite 205 Salt Lake City, Utah 84111-3834 8\-')1))\i /)////e/d/r1.1i_ 6)i Telephone: 801.531.9110 FAX: 801.531.9912 Email: opcaopcutah.org

July 9, 2024 Via Electronic Mail Only James M. Duncan [email protected] 5432 W 10130 N Highland, UT 84003 Re: Disciplinary History of James M. Duncan Dear Mr. Duncan: This letter responds to your request for a report on your disciplinary history from the Office of Professional Conduct ("OPC"). In that regard, please make note of the following: (1 ) Pursuant to Rule 11-524(a) of the Supreme Court Rules of Professional Practice the OPC is required to destroy after three (3) years all records related to complaints terminated by dismissal or a declination to prosecute. After a record has been destroyed, a reference to any such matter must state that there is no record of the matter. Therefore, the OPC's response to any Bar complaint that has been closed by dismissal or declination to prosecute on or before July 9, 2021 is there is no record of such matter.

(2) Under the same rule, the OPC is only required to retain for thirty years all records or other evidence of the existence of complaints that resulted in public reprimand, suspension, delicensure (aka disbarment), resignation with discipline pending, admonition, disability, and probation running from the date the discipline expired.

According to our records, you have not had either a complaint filed against you, nor have you been the subject of any private or public discipline.

If you have any further questions, please contact our office.

Sincerely,

Christine T. Greenwood Chief Disciplinary Counsel Office of Professional Conduct CTG/ru Utah Supreme Court Board of Continuing Legal Education Member Transcript 7/9/2024 Member ID: 17368 Member: Duncan, James Status: AttActive Paid Admitted: 3/17/2020

Work: (630) 338-9710 Cell: Email: [email protected] Fax: Home: CLE Date Range: 1/1/2020 - 7/1/2022 Date Program Title Credit Type Credit Hours 6/21/2021 2021 Virtu6I Cõnference EthicsSELF-STUDY 2 6/21/2021 2021 Virtual Conference Regular SELF-STUDY 19.5 11/11/2021 10th Annual Utah Fall'Employment Law Seminar :RegularJIVE 4.5 5/9/2022 Preparing for Court Action in Admissions — Policy, Practice, Implementation Regular LIVE 1 (Hint: The Work Started 5/18/2022 Feel Rest - How to Relax and Recharge with Mindfulness Prof/CivilitLLIVE 6/22/2022 Feel Good - Improving Relationships and Well-Being Prof/Civility_LIVE 1 6/29/2022 2022 Annual Cbriferinde Regular_LIVE 9.5 6/29/2022 2022 Annual Conference Ethics_LIVE 3.5

Regular: 34.5 Ethics: 5.5 ProfICiv: 2 Total: 42

Member Transcript Information This Member transcript reflects the CLE hours to Utah State Board of CLE between 1/1/2020 and 7/1/2022 Utah Supreme Court Board of Continuing Legal Education Member Transcript 7/9/2024 Member ID: 17368 Member: Duncan, James Status: AttActive Paid Admitted: 3/17/2020

Work: (630) 338-9710 Cell: Email: [email protected] Fax: Home: CLE Date Range: 7/1/2023 - 7/1/2024 Date Program Title Credit Type Credit Hours 2/15/2024 AnriuSI Cyberlaw Chnference Regular_LIVE 5/21/2024 Trial 101 Series - Ethics Ethics_LIVE 1 6/18/2024 Procrastinator Series 1Forensic Gehealogy ethe Practiceiof Law RegulacblVa , 6/19/2024 Utah's Business and Chancery Court Regular LIVE 1 '6/25/2024 'Or/Demand Innovalitin Prabtice 'Regular SELF-STUDY 6/25/2024 . Procrastinator Series - What Affects a Lawyer's Competence? A Discussion of Ethics_LIVE 1 Rule 1 and its Comments 6/25/2024 Civility and Professionalism for Lawyers Ptof/Civility,SELF-STUDY 1

Regular: 9 Ethics: 2 Prof1Civ: 1 Total: 12

Member Transcript Information This Member transcript reflects the CLE hours to Utah State Board of CLE between 7/1/2023 and 7/1/2024 Cl i66 /n) 7(07 CCI:Hg6g 1 Certificate of Compliance UTAH SUPREME COURT BOARD OF CONTINUING LEGAL EDUCATION For July 1 '71)/2- through June 30 /-62,3 Utah Law & Justice Center 645 South 200 East Salt Lake City, Utah 8411 I Telephone (801) 531-9077 / Fax (801) 531-0660 / Email [email protected] Name: TO,m (VS DuydA yi Utah State Bar Number: 113 (t)( Address: i G le , M A 211 Email: 14/\. CI 0 Y1 at vl 6.?0 \f U , odU ()flan) (IT `61-)0&$ Telephone Number: (gt)) ) (403 -Gel 72_ - Date of Sponsor Name/ Activity Regular Ethics Professionalism Total Activity Program Title Typc Hours Hours & Civility Hours s *e'''e a( -4(kadd

Total Hours Active Status Lawyer - Lawyers on active status must cornplete, during each one year compliance cycle (July 1-June 30), a minimum of twelve hours of Utah accredited CLE. At least six hours of the CLE must be Live CLE, which may include any combination of In-person CLE, Remote Group CLE, or Verified E-CLE. The remaining six hours of CLE may include Self-study CLE or Live CLE. The twelve hours must include one hour of accredited ethics CLE and one hour of accredited professionalism and civility CI.E. Please visit www.utahbar.org for a complete explanation of Rule 14-404.

Paralegal Practitioners - Paralegal Practitioners on active status must complete, during each one year compliance cycle(July 1-June 30), a minimum of six hours of Utah accredited CLE. At least three hours of the CLE must be Live CLE, which may include any combination of In-person CLE, Retnote Group CLE, or Verified E-CLE. The remaining three hours of CLE may include Self-study CLE or Live CLE. The six hours must include one hour of accredited ethics CLE and one hour of accredited professionalism and civility CLE. Please visit www.utahbar.org for a complete explanation of Rule 14-404.

House Counsel - House Counsel Lawyers must file with the MCI.E Board by July 31 of each year a House Counsel Certificate signed by the jurisdiction where House Counsel maintains an active license evdencing that the lawyer has completed the hours of continuing legal education required of active lawyers in the jurisdiction where House Counsel is licensed.

LokS4- zoz3 New Lawyer CLE requirement — A lawyer who is obligated to and who successfully fulfills the requirements of the NLTP will receive 12 Accredited Live CLE hours for the Compliance Cycle during which the lawyer completes the NLTP requirements. New lawyers are required to attend the New Lawyer Ethics Program. This program satisfies the Ethics CLE requirement and the Professionalism and Civility CLE requirement for the Compliance Cycle during which the new lawyer completes the NLTP requirements.*If the New Lawyer Training Program will not be completed by June 30 of the current compliance cycle, the attorney needs to comply with the Regular 12 Hour MCLE Requirements and use the NLTP completion for the following compliance cycle.

Active Emeritus Status — Lawyers on active emeritus status must comply with MCLE requirements by participation in six hours of Accredited CLE during each Compliance Cycle.

Active Military Duty — Lawyers who are serving or called bp federal active military duty that will last for 90 consecutive days or longer during any portion of a Compliance Cycle will have MCLE requirements waived for that particular Cornpliance Cycle. Each lawyer serving or called to federal active military duty that will last for 90 consecutive days or longer must file with the Board a statement of cornpliance providing verification of the date the lawyer was called to federal active military duty. The statement of compliance is due by July 31 following the end of the Compliance Cycle in which the report is due.

' • ' VOLANATIONCIF TYPEOE ACTIVITY Rule 14-413. CLE Accreditation for qualified audio and video presentations, webcasts, computer interactive programs,writing, Iecturing, teaching, public service, and live attendance.

Self-Study CLE No more than six hours during a Compliance Cycle for a lawyer, nor three hours during a Compliance Cycle for a paralegal practitioner. may be obtained through qualified audio/video presentations, computer interactive programs; writing; lecturing and teaching credit. Please visit wWw.utahbar.org for a complete explanation of Rule 14-413 (a), (b), (c) and (d).

Live CLE Program Therc is no restriction on the number of hours that may be obtained through attendance at of live CLE programs during a reporting period.

I THRABOVE-IS ONLY A SUMMARY. FOR'A FULL FicPLANATION, sa RULE 14409 OF THE RULES GOVERNING ' „ _ _ MANDATQAXCONTINOINGPGAL EDUCATION FORTHE.STATE OF UTAH. Rule 14-414 (a) — On or before July 31 each year, each lawyer or paralegal practitioner subject to MCLE requirements must file a Certificate of Compliance with the Board, appropriately evidencing the lawyer's or paralegal practitioner's completion of Accredited CLE ending the preceding 30th day of June.

Rule 14-414 (b) — Each lawyer or paralegal practitioner shall pay a filing fee in the amount of $10.00 at the time of filing the Certificate of Compliance. Any lawyer or paralegal practitioner who fails to complete the MCLE requirement by the June 30 deadline, or fails to file by the July 31 deadline, shall be assessed a 5100.00 late fee. Lawyers and paralegal practitioners who fail to comply with the MCLE requirements and are administratively suspended under Rule 14-415 will be assessed, in addition to the filing fee and late fee, a 5200 reinstatement fec or, if the failure to comply is a repeat violation within the past 5 years, a $500 reinstatement fee.

Rule 14-414 (c) — Each lawyer or paralegal practitioner will maintain proof to substantiate the information provided on the filed Certificate of Compliance. The proof may contain, but is not limited to, certificates of completion or attendance from sponsors, certificates from course leaders, or materials related to credit. The lawyer or paralegal practitioner must retain this proof for a period of four years from the end of the period for which the Certificate of Compliance is filed. Proof must be submitted to the Board upon written request.

herelai certify that tfie information containedTerein is complete and accurate. fforther certify that I am,familiar With the Rules 1 and Regulations governing MandatoryCantinuiog Legal Education for the State of Utah including Rule'14-414.

I copy of the SuptemeCourt Board of Confirming Education kules-and Regulation mayfiTe viewed at www.utahmcle.org A

Datc: / / Signature:

Make checks payable to: Utah Supreme Court Board of CIE in the amount of SIO or call 801-531-9077 to make a credit card payment. Returned checks will be subject to a $20 charge •

Utah Supreme Court Board of Continuing Legal Education Member Transcript 08/03/2023 Member ID: 17368 Member. Duncan, James Status: AttActive Paid Admitted: 3/17/2020

Work: (801) 863-5972 Cell: Email: [email protected] Fax: Home: CLE Date Range: 7/1/2022 - 813/2023 Date Program Title Credit Type Credit Hours 10/20/2022. 2022 Attomey General:CLE Conference Regular 4 10/20/2022 2022 Attomey General CLE Conference Ethics 1 10/20/2022 2022 AttOrriey bthieral CLE Conference Professionalism/Civility 1

Regular: 4 Ethics: 1 ProfiCiv: 1 Total: 6

IVIember Transcript Information This Member transcript reflects the CLE hours to Utah State Board of CLE between 7/1/2022 and 8/312023 Certificate of Attendance T NACUA Annual Conference 2023 Annual Conference June 27 - 30, 2023

• Attorneys from MD, MA, MI, SD, or DC: These jurisdictions do not have CLE requirements and therefore require no report of attendance or filing.

• Attorneys from AK, AZ, CA, CO, CT, DE, HI, IN, IA, KY, MN, MO, MT, NH, NJ, NY, VT, WI, or WY: Do not return this form to NACUA. Please keep this form for your records to submit directly to your state CLE commission or in case your state bar audits you for CLE compliance. Please also remember to sign the attendance record.

• Attorneys from all other states: Please complete and return this form no Iater than Friday, July the CLE Credit Submission Portal (\mw.nacua.oraisubrnitCLE). Please also remember to sign the attendance record.

NACUA certifies that this program has been presumptively approved and conforms to the standards prescribed by the rules and regulations of the State Bars of AK, AZ, AR, CA, CT, DE, HI, NV, NH, NJ, NM, PA, RI, VT, WV and WY. NACUA will apply for CLE credits from the following states: AL, CO, FL, GA, ID, IL, IN, IA, KS, KY, LA, ME, MN, MS, MO, MT, NE, NC, ND, OH, OK, OR, SC, TN, TX, UT, VA, WA and WI.

The New York Approved Jurisdiction policy rnay apply to this program. New York attorneys may apply CLE credit from one of the approved jurisdiction states towards their NY CLE requirement. For more information and to review the policy, please visit www.nycourts.aov/attorneys/cle/approvediurisdictions.shtml.

Note: Restrictions vary state by state and not all states will accredit this program.

Upon receipt of this certificate of attendance and your attendance record, NACUA will process the credits through the applicable state if approved.

Certification NACUA will apply for a total of 795 minutes including 150 minutes of ethics. By signing below, I certify that I attended the above activity and request 735 minutes of CLE credits including 150 minutes of ethics. t2 . b Vv)ufs 2. . 5 in ex) James Duncan UT 17368 Name State & Bar Nurnber Wes(t-University Parkway MS 308, Orea [email protected] Adi Email

S lature Authorized By: Aryta, 7/Fle a.a4-r.

Amanda McLean Meetings and Events Coordinator Attendance Record T NACUA Annual Conference 2023 Annual Conference June 27 - 30, 2023

If you are an attorney applying for Continuing Legal Education credits (CLEs), you must sign this aftendance record to verify your attendance. Please complete and retum this form no later than Friday, July 14 to the CLE Credit Submission Portal (www.nacua.orq/submitCLE). *Total CLE Credits = 795 minutes

Utah Valley University Organization James Duncan PRINTED e

SIGNA URE Utah 7368 State & Bar Number (If Applying for CLE) Lacey Darger From: Jenny Christensen <[email protected]> Sent: Wednesday, July 19, 2023 8:51 AM To: Staff MCLE Subject: RE: CLE Certificate Attachments: JDuncanNACUA2023CLE.pdf

Good Morning, l'm following up on this email I send a few weeks ago. James Duncan finished up his CLE at the end of June. I sent his certificate but it's still not showing up on his transcript. The certificate was also submitted to NACUA, are you waiting for them to send it to you? I just want to make sure he gets his credit for the 6/30/2023 cycle.

Thank you, Jenny

From: Jenny Christensen Sent: Wednesday, July 5, 2023 1:57 PM To: [email protected] Subject: CLE Certificate Good Afternoon, I am reaching out for James Duncan, bar no. 17368. You will receive the attached from NACUA shortly but I wanted to get it sent to you as soon as possible so the hours can be credited to his last cycle. Thank you!

Best, JENNY CHRISTENSEN UTAH VALLEY UNIVERSITY Legal Secretary uvu Office of General Counsel nny.christensenO_Duvu.edu (801) 863-5630

This is an email from Utah Valley University's Office of General Counsel. This ernail and any attachments may contain information that is confidential ond/or protected by the attorney-client privilege ond attorney work product doctrine. This email is not intended for receipt by any unauthorized persons. Inadvertent disclosure of the contents of this email or its attachments to unintended recipients does not constitute o waiver of attorney-client privilege or ottorney work product protections. If you have received this email in error, please immediotely notify me ond destroy this email, any attachments, ond all copies, either electronic or printed. Any disclosure, copying, distribution, or use of the contents or information received in error is strictly prohibited. Monk you.