, 1
IN THE SUPREME COURT OF THE STATE OF MONTANA
IN RE RULES OF PROCEDURE OF THE
COMMISSION ON CHARACTER AND FITNESS ORDER
OF THE SUPREME COURT OF MONTANA
i
On March 17,2000, the Commission on Character and Fitness petitioned this Court
to amend the Rules of Procedure of the Commission on Character and Fitness of the Supreme
Court of Montana which were adopted by this Court and became effective November 17,
1998. This Court having considered the Petition,
IT IS HEREBY ORDERED that effective YW 1:. 2000, Sections 5(c)(6) and
5(d) of the Rules of Procedure of the Commission on Character and Fitness of the Supreme
Court of Montana is amended and a new subsection, Section 5(e), is added as follows:
Sti:$&$ 5: INVESTIGATION, HEARING & CONDITIONAL
./.i\#\ “{! ($&$f~ICATION PROCESS
f$I>; I$& ‘y+g ”
\~ 2ci T@
Y@ ,/’ (c&y earing.
‘“& P.~J,’
{’ 1 ,~+r~li,“r :., :?i
,$A$ &I; &:,.I.; 6 . The Commission on Character and Fitness shall, when
,&‘. .aA< pe denying admission e, issue written
findings of fact, conclusions of law, and decision concerning the
applicant’s character and fitness to practice law.
(d) Conditional Certification. The subcommittee or the full
Commission may conditionally certify the applicant. The subcommittee and
Commission may require specific probationary terms for admission, including,
but not limited to, requiring alcohol or drug treatment, requiring medical care,
requiring psychological or psychiatric care, requiring professional office
practice or management counseling, requiring practice supervision and
requiring professional audits or reports. The Commission may require persons
to supervise the probation and may recommend that cooperation with such
supervisors be a probationary teim. T
The Commission may require
a specific duration for such probationary teims.
(e) Failure to Comulv with Stioulation. Upon failure to comalv with
the terms and conditions of the conditional certification stiuulation. the
Commission may:
1
1. Reauest evidence of comoliance with the stipulation be
submitted to the Commission within ten (101 davs following. the date
of the reauest.
2. In the event there is continued non-compliance with the
stipulation. the Commission mav convene a show cause hearing at the
request of the auolicant aoolvinrr the arovisions of Section Xc) of these
Rules. Violation of any probationarv terms for admission may be
grounds for recommendation bv the Commission to the Montana
Supreme Court that auulicant’s certification to uractice law be revoked
and that the auulicant immediatelv be susoended from the oractice of
law.
IT IS FURTHER ORDERED all persons with conditional stipulated admissions will
be governed by said amendments,
The Clerk is directed to provide copies of this Order to the State Bar of Montana to
the Administrator of the Board of Bar Examiners; to West Group; to the Code Commissioner
and Director of Legal Services at the Montana Legislative Services Division; and to The
A40,tarzn Lnwyev magazine with the request that this Order be published in the next possible
issue.
Justices