No. 86-08
IN THE SUPREME COURT OF THE STATE OF MONTANA
1986
IN THE MATTER OF REVISION OF
THE MONTANA BAR EXAMINATION.
ORIGINAL PROCEEDING:
COUNSEL OF RECORD:
For ~etitioner/~elator:
Leslie C. Halligan argued, (Law Student) pro se,
Missoula, Montana
Russell C. Fagg, pro se, Class Representative,
Missoula, Montana
For Respondent:
Robert A. Poore argued, Chairman, Board of Bar
Examiners, Butte, Montana
Hon. Mike Greely, Attorney General, Helena, Montana
George Bousliman, State Bar of Montana, Helena,
Montana
For Amicus Curiae:
Gregory Murphy argued for National Conference of Bar
Examiners, Billings, Montana
Robert J. Muldoon, Jr., Chairman, National Conference
of Bar Examiners, Boston, Mass.
Submitted: June 19, 1986
Decided: June 20, 1986
Filed: JUN 2 0 1986
Clerk
PER. CURIAM:
The students of the 1986 graduating class of the Uni-
versity of Montana School of Law have petitioned this Court
for the elimination of the Multistate Bar Examination from
the Montana Bar Examination. The Court has original
jurisdiction over this matter under its authority to
establish rules for admission to the bar and the form and
manner of the bar examination. Section 37-61-204, MCA; Art.
7, Sec. 2, 1972 Montana Constitution.
Pursuant to the order of this Court dated January 16,
1986, responses to the petition were filed by the Montana
Board of Bar Examiners, the School of Law of the University
of Montana, and the Commission Concerning Rules of Admission
to the Practice of Law to the State of Montana. Oral argu-
ment was heard June 19, 1986.
This Court has concluded that the Multistate Bar Exami-
nation, which petitioners have requested be eliminated as a
requirement for admission to the State Bar of Montana, pro-
vides a practical and useful means of testing the qualifica-
tions of applicants for admission to the State Bar of
Montana.
Forty-six states use the Multistate Bar Examination in
determining qualifications for admission to the practice of
law in their respective jurisdictions. The Montana Board of
Bar Examiners and the Commission Concerning Rules of Admis-
sion to the Practice of Law in the State of Montana have
unanimously recommended retention of the Multistate Bar
Examination in Montana.
The Court is concerned about the costs involved in
legal education and in preparation for bar examinations.
However, it would appear that the costs relating to the
continued use of the Multistate Bar Examination would not be
significantly reduced by its elimination. Additional costs
would necessarily be incurred by expansion of the essay
portion of the Bar Examination.
The petitioners have not established compelling reasons
for elimination of the Multistate Bar Examination, and the
petition is denied.
F P l u
Just'ces
Mr. Justice Frank B. Morrison, Jr., deeming himself disquali-
fied, did not participate in this decision.