The U.S. Supreme Court has rejected a Hamilton lawyer’s petition to review the disciplinary action that resulted in his disbarment last December.
It was the second time a high court has made that decision in the case of Robert Myers.
In January, the Montana Supreme Court rejected a request for a rehearing of the case in which Myers said his rights of free speech and due process under the First and Fourteenth amendments had been violated.
The state Office of Disciplinary counsel ruled there was “clear and convincing evidence” that Myers violated numerous provisions of the Montana Code of Judicial Conduct during his 2016 judicial campaign against Ravalli County District Judge Jeffrey Langton.
Myers was disbarred by the Montana Supreme Court for making false claims against Langton during the political campaign.
After being disbarred, Myers told the Ravalli Republic he planned to petition the U.S. Supreme Court to hear his case and would seek help from the American Civil Liberties Union and the Cato Institute. He also said he would try to get the U.S. Department of Justice involved.
In his petition to the U.S. Supreme Court, Myers called his disbarment and suspension from the practice of law an “extreme punishment.”
“The penalty for criminal contempt is a misdemeanor limited to a penalty of six months in jail and a $5,000 fine,” Myers wrote. “The penalty enforced upon the Petitioner (Myers) effects a complete termination of economic livelihood, not just in Montana, but flows forward to every other jurisdiction that the Petitioner is licensed or would like to practice under the rules of reciprocal discipline.”
Myers’ petition was denied on June 4.
Myers still has two other cases working through federal courts.
Myers filed suit against Mike Cotter, the chief disciplinary lawyer for Montana’s Office of Disciplinary Counsel, and others last November. Myers claimed the rules involving the disciplinary actions were unconstitutional because they violated his right to free speech.
A second suit filed by Myers seeks to have Montana’s criminal defamation law declared unconstitutional.