i 'l'iif %IATTI)R 01: KL:VISl"iG
K
'I'Iiil RIJl,I',S FOR L.AWYI:R
DISCli'i,iWAIisciplinary Counsel, Office of
Disciplinary Counsel ( O K ) petitioned this Court to adopt changes to the Rules for
Lawyer Disciplinary Enforcement (2002) (liI.1)11 (2002)). Mr. 71'hon~pson
states the Rule
5B(15). IUI3L: (2002) requires 1)isciplinary Counsel to "[plrepare an annual budget ibr
the [ODC] and submit it so [this Court] fbr appro\:al."'
Mr. 7hompson correctlq obsenres that this Court 1\21 no longer be appro~ing
the
budget of the ODC. Iiather. in the summer of 2006, ODC and the State Bar of Montana
(Bar) entered into a hlenorandtim of tjndcrslanding regarding their respccti~e
approla1 and submission of ODC's budget.
obligations L\ ith respcLt to the prcpara~ion,
I'he proposed damcndinenls to Kill; 5B(15) are ncccssarj ta corrform the Ruie to
the neu budgetary procedure.
On Oclobcr 26, 2006 the 13oard of l rustces of the State Bar of Montana (Board)
filed its response and cornmcilts to Mr. Thompson's Pctition and is in suppori of the
same. Therefore.
IT IS ORL?LR1:I) that Ruie 5. RI,I>1; (2002) is amendcd to rcad as follo\%l.':
RULE 5-OFFICE OF UISC4f LIhARY COUNSEL
i.
t Appointnrent. The Court shall appoint a lawyer !o serve as Chief
Disciplinary Counsel and may appoint such Deputy iiiscipiinary Counsels
as they deem necessary. Disciplinary Counsel shall not engage in private
practice; shall be admitted to practice in Montana at the time of
appointment or within a reasonab!e time thereafier as determined by the
Court; and shall maintain offices iri Helena. Montana. in facilities
designated by the Court,
I ?'he Courtt suu .spon/e, noted scvcral clcrical errors in the Rule at subparagraphs (51, (i9), and
C. and correcred those herein, as \veil.
1
B, Powers and Duties. c i p i Counsel mpson, Discipiinarq Counsel: to Cqnthia Sm~th,
Chair of the Board of
Trustees of the State Bar of Montana: to Chris Ivlanos. Executi\e Director of the State
Bar of Montana with rhe request that this Order be publislzed in the next a\ai!able issue of
the ,\fonturza Law?eu and be posted to the Statr: Bar of Montana's ~ ~ e b s i t e : to
and
Gregory J. Petesch, Code Commissioner.
Dated this -3- of Novenlber 7006
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