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Matter of Belue6/21/1988
OPINION AND ORDER
The Commission on Practice of the Supreme Court of the State of Montana filed a complaint in this Court charging Clarence Thomas Belue with various violations of the Rules of Professional Ethics which apply to attorneys licensed to practice in the State of Montana. On July 21, 1986, a citation was issued to Mr. Belue. In accordance with that citation, the Answer of Mr. Belue was filed in this Court on September 18, 1986. Ultimately a two and one-half day hearing was held before the Commission on Practice, commencing on September 21, 1987, at which a quorum of the members of the Commission were present. Robert C. Smith acted as special counsel. Mr. Belue was personally present and was represented by Gregory O. Morgan. Evidence was presented by Mr. Smith on behalf of the prosecution and by Mr. Morgan on behalf of Mr. Belue. Subsequently the Commission on Practice issued its findings, conclusions, and recommendations dated January 21, 1988, which were filed in this Court on January 27, 1988. The Commission on Practice recommended that Mr. Belue be suspended from the practice of law for three months, that Mr. Belue be publicly censured, and that Mr. Belue pay all costs of the proceedings before the Commission on Practice as a condition precedent to reinstatement to the practice of law. A copy of the report was served upon Mr. Belue and his counsel and also upon Mr. Smith as special counsel. The findings and recommendations of the Commission are detailed and lengthy and may be examined by interested parties in the office of the Clerk of the Supreme Court.
On March 31, 1988, the Crow Indian Tribe filed an amicus curiae brief in this Court. On April 4, 1988, the brief of Mr. Belue containing his objections to the Commission on Practice findings and conclusions was filed in this Court. On May 9, 1988, the special counsel filed his reply to Mr. Belue's objections and his response to the amicus curiae brief. In accordance with the rules governing the Commission on Practice, the matter was deemed submitted to the Supreme Court. The Court has reviewed the briefs and other matters in the file and the extensive transcript and has concluded that oral argument is not required.
The Court has concluded that it is appropriate to impose the discipline upon Mr. Belue as recommended by the Commission on Practice. Because of the extensive arguments on the part of Mr. Belue suggesting his profound disagreement with the conclusions of the Commission on Practice, and because of the contentions on the part of the amicus curiae Crow Indian Tribe, the Court will review a number of the significant findings and conclusions of the Commission.
Mr. Belue has been licensed to practice law in Montana as an attorney and counselor since June 1969. He has engaged in the general practice of law in Hardin, Montana. During his practice he has held the positions of Big Horn County Attorney, City Attorney of Hardin, Deputy County Attorney, United States Magistrate, and Northern Cheyenne Tribal Trial Judge.
The Commission on Practice made Findings of Fact 2 through 19 in connection with Counts I, III, and IV. We will first review these common findings of fact. All three of these Counts arose out of events occurring in the action described as National Farmers Union Insurance Companies (NFU), et al. v. Crow Tribe of Indians, et al., Civil Cause No. CV 82-230-BLG, in the United States District Court for the District of Montana, Billings Division, in which Mr. Belue acted as an attorney on behalf of Leroy Sage, a minor, and Flora Not Afraid, Sage's guardian. In the course of that proceeding, Mr. Belue filed a motion for disciplinary action against at
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