Yellowstone County Deputy County Attorney Ingrid Rosenquist Ignores Rules of Professional Conduct In

Added: (Thu Mar 12 2009)

Pressbox (Press Release) - by MONTANA NEWS ASSOCIATION

Syndicated by: Montana News Donald Cyphers Editor-In-Chief

Billings Montana., 3-11-09--/mna press/--Yellowstone County Deputy Attorney Ingrid Rosenquist is handling the prosecution of Linda Kapsa, owner of Shady Lane Kennels in Ballantine, MT on two felony counts of Aggravated Animal Cruelty and four related misdemeanor counts. The timing of the prosecution of this case coincides perfectly with three animal abuse bills before the Montana Legislature. Two of the bills have been tabled, but Senate Bill 221, which would require someone convicted of companion animal hoarding, in addition to penalties, to be required to undergo evaluation and treatment, is still alive and scheduled for its next hearing before the Judiciary Committee on March 19th.



Rosenquist testified as a proponent for passage of SB 221 on January 23rd and also on February 6th as a proponent for HB 349. At this hearing many references were made to hoarding cases, in which the “Ballantine dog lady” was cited as an example multiple times.



Is Yellowstone County Deputy Attorney Rosenquist violating Montana Rules of Professional Ethics, as set forth by the Montana Bar Association, by referencing an ongoing case that she currently is prosecuting, when she testifies before the Montana State Legislature?



The 2009 Lawyers’ Deskbook & Directory, Rule 3.6 – Trial Publicity states the following: “(a) A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.” Attorneys are allowed to reveal only the following about a case: “(1) the claim, offense or defense involved and, except when prohibited by law, the identity of the persons involved; (2) information contained in a public record; (3) that an investigation of a matter is in progress; (4) the scheduling or result of any step in litigation; (5) a request for assistance in obtaining evidence and information necessary thereto; (6) a warning of danger concerning the behavior of a person involved, when there is reason to believe that there exists the likelihood of substantial harm to an individual or to the public interest; and (7) in a criminal case…(i) the identity, residence, occupation and family status of the accused; (ii) if the accused has not been apprehended, information necessary to aid in apprehension of that person; (iii) the fact, time and place of arrest; and (iv) the identity of investigating and arresting officers or agencies and the length of the investigation.”



Testimony by a prosecuting attorney before a legislative body would seem to be ruled out by the above directives. By her testimony before the Montana State Legislature, Ingrid Rosenquist, at the least, besmirches the ethical reputation of the Yellowstone County Attorney’s office and calls into question the possibility of Linda Kapsa receiving a fair trial, not only in Yellowstone County, but anywhere in the state of Montana. At worst, Rosenquist’s behavior is a gross breach of ethics, in which she has engaged to forward her own political agenda.



Rosenquist is scheduled to testify as a proponent for SB 221, again, on March 19th. Yellowstone County Attorney Dennis Paxinos was unable to be reached for comment on Rosenquist’s potentially unethical actions before the Montana State Legislature Judiciary Committee. Should Rosenquist be found in violation of the Montana Rules of Professional Conduct, it will reflect badly on how law is being practiced under Dennis Paxinos’ authority and direction.