IN THE SUPREME COURT OF THE STATE OF MONTANA
No. 12616
-------------
Re: THE UNIFIED BAR OF MONTANA
....................... JAN251975
O R D E R
.......................
PER CURIAM:
The following order implements Unification of the Bar of
Montana; adopts a constitution and by-laws; and, provides an
implementation schedule.
Previously this Court rendered an order and opinion dated
December 17, 1973, ordering unification of the Bar of the state
of Montana. Subsequently, on February 1, 1974, the Court ap-
pointed an organizational committee to draft a proposed constitu-
tion, by-laws, and an implementation schedule for the unified
Bar. Such committee made its report and this Court entered a
further order on July 11, 1974, characterizing the committee re-
port as generally agreeable, but calling for further consideration
and recommendations in specific areas with a resulting change
in the implementation schedule.
As a result of the further study ordered, the committee filed
a supplemental report on September 3, 1974. The Court hereby ap-
proves the supplemental report but of necessity, caused by this
court's volume of work, an amended implementation schedule is
herein set forth. Additionally, a second supplemental report by
the Court's committee was filed on December 16, 1974, making
further recommendations for amendments to the proposed by-laws to
provide (1) for a client indemnity bond in Article XI, and (2)
in Article I, Section 4 authorization to impose an assessment upon
the members to provide funds necessary to pay the premium for the
indemnity bond. Such recommendations are adopted and incorporated
hereinafter.
The following Constitution of the State Bar of Montana is
adopted :
CONSTITUTION
OF THE
STATE BAR OF MONTANA
ARTICLE I
NAME
The name of the association is the State Bar of Montana.
ARTICLE I1
ORGANIZATION
All persons admitted to the practice of law in the state of
Montana are members of the State Bar of Montana. All such persons
except judges of courts of record and those allowed inactive
status by the by-laws, are active dues paying members. Member-
ship in the State Bar of Montana is a condition to practicing
law in this state. Non-payment of membership dues and assessments
shall result in suspension of membership and the right to practice
law until payment of all dues, assessments and penalties in the
manner provided in the by-laws.
ARTICLE I T 1
PURPOSES
The purposes of the State Bar of Montana are to aid the courts in
maintaining and improving the administration of justice; to foster
and maintain and require on the part of those engaged in the
practice of law high standards of integrity,l&aming, competence,
public service, and conduct; to safeguard proper professional
interests of members of the bar; to encourage the formation, main-
tenance, and activities of local bar associations; to provide a
forum for the discussion of and effective action concerning sub-
jects pertaining to the practice of law, the science of juris-
prudence and law reform, and relations of the bar to the public;
to providk for the continuing legal education of members of the
bar; and to insure that the responsibilities of the legal profession
to the public are more effectively discharged.
ARTICLE IV
POWERS
The State Bar of Montana may sue and be sued, enter into contracts
and acquire, hold, encumber and dispose of real and personal property.
ARTICLE V
LOCATION OF OFFICES
The principal office and place of business of the association
shall be in Helena, Montana, but the Board of Trustees may authorize
offices to be located at other places within the state of Montana.
ARTICLE VI
OFFICERS
Officers of the State Bar of Montana shall include a president,
president-elect, a secretary-treasurer and a chairman of the Board.
The duties, powers, qualifications, nomination and election of
officers shall be provided for in the by-laws.
ARTICLE VII
BOARD OF TRUSTEES
The State Bar of Montana shall be governed by a Board of twenty
trustees, sixteen of whom shall be elected and four of whom shall
be the President, the President-Elect, the immediate past President
and the Secretary-Treasurer. The duties and powers of the Board and
the qualifications, nomination and election of the sixteen elective
members shall be provided for in the by-laws.
ARTICLE VIII
EXECUTIVE COMMITTEE
The Board of Trustees shall provide for an Executive Committee con-
sisting of the President, President-Elect, the immediate past
President, the Secretary-Treasurer, the Chairman of the Board of
Trustees and four additional members of the Board of Trustees who
shall be elected by the Board. The powers and duties of the Execu-
tive Committee shall be provided for in the by-laws.
ARTICLE IX
ANNUAL MEETING
There shall be an annual meeting of the members of the State Bar
of Montana at such time and place as is designated by the Board of
Trustees, and such other meetings as may be provided in the by-laws.
ARTICLE X
DISSOLUTION
Upon the dissolution of the association, the Board of Trustees
shall after paying or making provision for the payment of all its
liabilities, dispose of all of the assets of the association
exclusively for the purposes of the association in such manner,
or to such organization or organizations organized and operated
exclusively for charitable, educational, religious, or scientific
purposes as shall at the time qualify as exempt organization or
organizations under the Internal Revenue Code of 1954 as the Board
of Trustees shall determine. Any of such assets not so disposed
of shall be disposed of by the district court of the county in which
the principal office of the association is then located, exclusively
for such purposes or to such organization or organizations, as said
court shall determine, which are organized and operated exclusively
for such purposes. In the event of dissolution of the association,
no member shall be entitled to any distribution or division of its
remaining property or its proceeds.
ARTICLE XI
AMENDMEW
Proposals for amendment or abrogation of provisions of this
Constitution may be presented to the Supreme Court by (i) petition
of the Board of Trustees; or (ii) petition of a regularly called
meeting of the members of the association in respect to changes ap-
proved by a vote of a majority of members present.
ARTICLE XI1
EFFECTIVE DATE
This Constitution shall be effective on March 1, 1975.
The following by-laws of t h e S t a t e Bar of Montana a r e adopted:
BY-LAWS O THE STATE BAR O MONTANA
F F
ARTICLE I
MEMBERSHIP
S e c t i o n 1. Persons i n c l u d e d i n membership. The membership of t h e
S t a t e Bar i n i t i a l l y s h a l l c o n s i s t of a l l t h o s e persons who on t h e
e f f e c t i v e d a t e of t h e C o n s t i t u t i o n o f t h e S t a t e Bar a r e l i c e n s e d t o
p r a c t i c e law i n t h i s s t a t e , and a f t e r such e f f e c t i v e d a t e s h a l l
a l s o i n c l u d e t h o s e persons who become l i c e n s e d t o p r a c t i c e law i n
t h i s s t a t e ; s u b j e c t i n each c a s e t o due compliance w i t h t h e condi-
t i o n s and requirements of membership. Residence i n t h e s t a t e of
Montana s h a l l n o t be a c o n d i t i o n of e l i g i b i l i t y t o membership i n
t h e S t a t e Bar.
S e c t i o n 2. Enrollment. Every person who becomes l i c e n s e d t o
p r a c t i c e law i n t h i s s t a t e s h a l l e n r o l l i n t h e S t a t e Bar by s i g n i n g
and f i l i n g i n t h e S t a t e Bar o f f i c e w i t h i n t e n days a f t e r admission
t o practice, a r e g i s t r a t i o n card containing t h e r e g i s t r a n t ' s :
F u l l name.
Residence a d d r e s s .
O f f i c e a d d r e s s . Location of p r i n c i p a l o f f i c e .
Date of admission t o p r a c t i c e i n Montana.
Date of admission t o p r a c t i c e i n any s t a t e o r s t a t e s
o t h e r than Montana .
Date and p l a c e of b i r t h ; and i n t h e c a s e of a n a t u r a l i z e d
person t h e d a t e and p l a c e of n a t u r a l i z a t i o n .
Name of l a w school and y e a r of g r a d u a t i o n .
S o c i a l s e c u r i t y number.
Every change a f t e r enroUmnt i n r e s p e c t of any of t h e m a t t e r s
above s p e c i f i e d s h a l l be promptly r e p o r t e d t o t h e S t a t e Bar o f f i c e s .
Communications from t h e a s s o c i a t i o n t o any member s h a l l be s e n t
t o t h e l a t e s t a d d r e s s f u r n i s h e d by such member,
Section 3. C l a s s e s of membership,
(a) The members of t h e S t a t e Bar s h a l l be d i v i d e d i n t o t h r e e
c l a s s e s known r e s p e c t i v e l y a s "active" members, "judicial!' members
and " i n a c t i v e " members. The c l a s s of a c t i v e members s h a l l i n c l u d e
a l l members of t h e S t a t e Bar except t h e j u d i c i a l members and i n a c t i v e
members. Judges of c o u r t s of r e c o r d , and retirsd~ijudges who a r e
e l i g i b l e f o r temporary j u d i c i a l assignment and a r e n o t engaged i n
t h e p r a c t i c e of law s h a l l b e c l a s s e d a s j u d i c i a l members. The c l a s s
of i n a c t i v e members s h a l l i n c l u d e t h o s e persons who a r e e l i g i b l e f o r
a c t i v e membership b u t a r e n o t engaged i n t h e p r a c t i c e of law and
have f i l e d w i t h t h e s e c r e t a r y o f t h e a s s o c i a t i o n w r i t t e n n o t i c e
r e q u e s t i n g enrollment i n t h e c l a s s of i n a c t i v e members.
(b) Only a c t i v e members may p r a c t i c e law. N individual other
o
than an e n r o l l e d a c t i v e member of t h e S t a t e Bar s h a l l p r a c t i c e i n
t h i s s t a t e o r i n any manner hold himself o u t a s a u t h o r i z e d o r
q u a l i f i e d t o p r a c t i c e law.
(c) Only a c t i v e members may hold o f f i c e o r v o t e i n any e l e c t i o n
conducted by t h e S t a t e Bar.
(d) Any i n a c t i v e member i n good s t a n d i n g and any j u d i c i a l
member who i s no l o n g e r s e r v i n g i n a j u d i c i a l o f f i c e may change h i s
c l a s s i f i c a t i o n t o t h a t of an a c t i v e member by f i l i n g w i t h t h e S t a t e
Bar o f f i c e a w r i t t e n r e q u e s t f o r t r a n s f e r t o t h e c l a s s of a c t i v e
members and by paying t h e dues r e q u i r e d of a c t i v e members. No
i n a c t i v e member who h a s n o t a c t i v e l y p r a c t i c e d law i n t h i s s t a t e
o r i n a n o t h e r s t a t e d u r i n g t h e l a s t t e n y e a r s s h a l l be t r a n s f e r r e d
t o a c t i v e membership u n t i l t h e t r a n s f e r s h a l l be approved by t h e
Supreme Court except a j u d i c i a l member who i s no longer s e r v i n g
i n a j u d i c i a l o f f i c e s h a l l be c l a s s i f i e d a s an a c t i v e member upon h i s
written request.
(e) N j u d i c i a l o r i n a c t i v e member s h a l l p r a c t i c e law i n t h i s
o
s t a t e o r s h a l l hold o f f i c e o r v o t e i n any e l e c t i o n conducted by
t h e S t a t e Bar. N person engaged i n t h e p r a c t i c e of law i n t h i s
o
s t a t e i n h i s own b e h a l f o r a s an a s s i s t a n t o r employee of an a c t i v e
member of t h e S t a t e Bar, o r occupying a p o s i t i o n t h e d u t i e s of
which r e q u i r e t h e g i v i n g of l e g a l a d v i c e o r s e r v i c e i n t h i s s t a t e ,
s h a l l b e e n r o l l e d a s a n i n a c t i v e member.
Section 4 . Membership dues.
(a) Annual dues f o r each a c t i v e member who has been admitted t o
p r a c t i c e i n t h i s s t a t e t h r e e y e a r s o r more p r i o r t o t h e commencement
of t h e f i s c a l y e a r f o r which dues a r e payable, s h a l l be $40.00.
F o r a l l o t h e r a c t i v e members, t h e annual dues s h a l l be $25.00 except
t h a t t h e dues f o r t h o s e admitted t o p r a c t i c e i n t h i s s t a t e f o r l e s s
than one y e a r s h a l l b e $5.00. A l l a c t i v e members s h a l l pay, i n
a d d i t i o n t o membership dues and a t t h e same time, an assessment
of $10.00 f o r t h e c l i e n t s e c u r i t y fund, and a n a d d i t i o n a l p e r
c a p i t a assessment f o r premiums f o r a c l i e n t s e c u r i t y indemnity
bond i n such amount a s s h a l l b e agreed upon between t h e Board of
T r u s t e e s and a bonding company. A l l dues and assessments p a i d f o r
t h e c l i e n t s e c u r i t y fund s h a l l be paid t o t h e S t a t e Bar. The dues
s h a l l c o n s t i t u t e a fund f o r t h e payment of t h e expenses of t h e
association. The payment made f o r t h e c l i e n t s e c u r i t y fund and
indemnity bond s h a l l be used f o r t h a t purpose only. Dues a r e i n
a d d i t i o n t o t h e annual l i c e n s e f e e paid t o t h e Clerk of t h e Supreme
Court.
(b) The d a t e f o r t h e payment of dues and assessments s h a l l
be July 1 of each year. The S t a t e Bar o f f i c e s h a l l mail s t a t e m e n t s
of dues and assessments n o t l e s s than t h i r t y days p r i o r t o t h e due
d a t e t o a l l members. A second n o t i c e s h a l l b e s e n t by c e r t i f i e d
mail r e t u r n r e c e i p t r e q u e s t e d t o any member whose dues o r assessments
remain unpaid f o r s i x t y days a f t e r t h e due d a t e . The second n o t i c e
s h a l l s p e c i f y t h a t s a i d member w i l l be suspended u n l e s s h i s dues
and assessments a r e p a i d w i t h i n t h i r t y days from t h e d a t e of mailing
of such n o t i c e . The membership of any member who-does n o t pay
h i s dues and assessments w i t h i n t h i r t y days from t h e d a t e of mailing
of t h e second n o t i c e s h a l l be suspended. N person whose membership
o
i s s o suspended f o r non-payment of dues and assessments s h a l l
p r a c t i c e law d u r i n g t h e p e r i o d of such suspension.
(c) Dues f i r s t y e a r of admission. When a person is f i r s t
admitted t o p r a c t i c e law i n Montana he s h a l l pay membership dues
and assessments f o r t h e f u l l f i s c a l y e a r i n which such admission
occurs.
(d) P e n a l t y f o r non-payment of dues and assessments.
(i) The names of a l l members suspended from membership f o r
non-payment o f dues o r assessments s h a l l be c e r t i f i e d by t h e Executive
D i r e c t o r t o t h e Clerk of t h e Montana Supreme Court, t o each judge of
a c o u r t of r e c o r d i n t h i s s t a t e , t o t h e Clerks of t h e Federal
D i s t r i c t Courts f o r t h e s t a t e of Montana, t o t h e Clerk of t h e 9 t h
C i r c u i t Court of Appeals and t o t h e C l e r k of t h e United S t a t e s Supreme
Court after twenty (20) days written notice of intent to certify
is sent to each suspended member by certified mail, return receipt
requested.
(ii) Whenever a member so suspended for non-payment of
membership dues or assessments makes full payment of the amount
owing, and in addition thereto the sum of $20.00 for each delinquent
payment of annual dues or assessments in arrears, he shall be rein-
stated as a member and the fact of such reinstatement shall be
certified by the Executive Director to all parties to whom notice
of suspension was sent. However, in the case of any person whose
membership dues or assessments are in arrears for a period of
three or more consecutive years, no application for reinstatement
shall be granted unless ordered by the Montana Supreme Court. In
case of hardship the Board of Trustees may order waiver of dues,
assessments, or penalties.
(e) Voluntary resignation of membership. Whenever a member
files with the State Bar office a written notice of such member's
surrender of his license to practice law and the acceptance by the
Supreme Court of his resignation in the State Bar, such person
shall thereupon cease to be a member of the State Bar, and his name
shall be removed from the membership register.
ARTICLE I1
OFFICERS
Section 1 Titles, terms, qualifications.
.
(a) The officers of the State Bar shall be a President, a
President-Elect, a Chairman of the Board of the Board of Trustees,
and a Secretary-Treasurer. Only active members of the State Bar
residing and practicing law in Montana shall be eligible to serve
as and vote for officers of the association. The term of office
of the President, President-Elect and Chairman of the Board of
Trustees shall be one year. The term of the Secretary-Treasurer
shall be two years. The term of each officer shall run until the
qualification of his successor.
(b) The President-Elect shall at the expiration of his term
as President-Elect succeed to the Presidency of the State Bar.
(c) Any active member who is a resident of Montana and
practices law in this state may be nominated as a candidate for
President-Elect or Secretary-Treasurer by a petition signed by not
less than twenty-five members. Nominating petitions shall be filed
with or mailed to the State Bar of Montana at least sixty days
before the election date specified by the Board of Trustees. In the
event that no member shall be nominated as President-Elect or
Secretary-Treasurer, the Board of Trustees shall nominate one or
more qualified candidates for such offices. Election of the
President-Elect and Secretary-Treasurer shall be by secret ballot
of all active members and the candidate receiving the greatest
4
number of votes cast shall be elected. The mailing, return and
canvass of the ballots shall be conducted in the same manner as
provided for the election of Trustees.
(d) A Chairman of the Board of Trustees shall be elected by
the Board from its elected members at the time of the annual
meeting of the Association. He shall assume office at the conclu-
sion of the annual meeting.
Section 2. Duties of officers,
(a) President. The president shall be the chief executive
officer of the association. He shall be a member-at-large of the
Board of Trustees and a member of the executive committee. He
shall preside at all meetings of the association and of the executive
committee. He shall make the appointments to, and designate the
chairmen of all standing committees; create and appoint special
committees; and be a member, ex-officio, of every committee.
(b) President-Elect. The President-Elect shall be a member-at-
large of the Board of Trustees and the executive committee; and he
shall perform all other duties assigged to him by the President or
Board of Trustees.
(c) Chairman Board of Trustees. The Chairman of the Board
shall be a member of the executive committee. He shall preside at
all meetings of the Board of Trustees. He shall perform the duties
of the President in the absence or disability of the President, and
in the event of a vacancy in the office of President, he shall
assume that office for the unexpired term.
(d) Secretary-Treasurer. The Secretary-Treasurer shall be a
member-at-large of the Board of Trustees and a member of the execu-
tive committee. He shall confer with the Executive Director and
the administrative staff of the State Bar as to
(i) The keeping of proper minutes and records.
(ii) The maintenance of correct embers ship files and mailing
lists.
(iii) The general operation of the headquarters office.
(iv) The methods and procedures used in the receipt,
collection and safe-keeping of all funds of the State Bar.
(v) The procedures for disbursement and audit of such funds.
The Secretary-Treasurer shall assist the executive committee in
preparing the annual budget and in presenting it to the Board of
Trustees and make recommendations to the Board of Trustees as to the
association's affairs, as required.
Section 3. Compensation. The officers of the association shall
receive no compensation for their services, but shall receive reim-
bursement of their expenses as may be authorized and directed by the
Board of Trustees.
Section 4 Commencement of term of office. The terms of all out-going
.
officers of the association shall end and the terms of their succes-
sors shall commence at the conclusion of the annual meeting.
ARTICLE I11
BOARD OF TRUSTEES
Section 1. Composition of Board. The affairs of the association
shall be managed and directed by the Board of Trustees consisting
of the three officers of the association and the immediate past-
president of the association, all of whom shall be members-at-large
of the Board, and sixteen members from the areas hereinafter designa-
ted. The rights and powers of the members-at-large of the Board
shall be the same as those of elected members. The Dean of the
School of Law of the University of Montana, the Montana State Bar
Delegate and the state delegate to the House of Delegates of the
American Bar Association, President of the Montana Trial Lawyers
Association or his designee, President of the Montana County
Attorneys Association or his designee, and a Montana licensed lawyer
designated by the Young Lawyers Section shall be entitled to floor
privileges, but without a vote.
Section 2. State Bar areas. For the purposes of conducting elections
of the members of the Board of Trustees, the state is divided into
the following areas, ,, .with members of the Board to be elected
from each area by the active members of the bar in such area:
-
Area Total Trustees By Judicial District
A Fourth,
Eleventh
Second 1
Third & Fifth 1
Eighth & Ninth 2
Twelfth, Fifteenth,
& Seventeenth 1
First 2
Sixth & Eighteenth 1
Tenth & Fourteenth 1
G 3 Thirteenth 3
H 1 Seventh & Sixteenth 1
Section 3. Term-Qualifications-Nomination-Election.
(a) The term of office of each elected member of the Board of
Trustees shall be two years, except that trustees from Areas A, B y
C and D chosen in the first election under these by-laws shall serve
for only one year. The term of office shall commence at the conclu-
sion of the annual meeting of the association next following his
election. No person shall be eligible to vote in an area for trustee
or to serve on the Board of Trustees from an area unless he is an
active member of the association and practices law and resides in
such area. The eligibility of any person to serve as a member of the
Board of Trustees from any State Bar area shall be contingent upon
his maintaining his practice of law and residence in such area.
(b) Nomination of each c a n d i d a t e t o be e l e c t e d t o t h e Board
of T r u s t e e s s h a l l be by p e t i t i o n signed by t e n a c t i v e members
residing i n the candidate's area. Nominating p e t i t i o n s s h a l l be
f i l e d w i t h o r mailed t o t h e S t a t e Bar o f f i c e a t l e a s t s i x t y days
b e f o r e t h e e l e c t i o n d a t e s p e c i f i e d by t h e Board o f T r u s t e e s . In
t h e event t h e r e i s no p e t i t i o n t o f i l l t h e o f f i c e of T r u s t e e i n
any a r e a , t h e Board of T r u s t e e s s h a l l nominate a q u a l i f i e d candi-
d a t e o r c a n d i d a t e s f o r such o f f i c e o r o f f i c e s . The Executive
D i r e c t o r s h a l l mail w r i t t e n b a l l o t s c o n t a i n i n g t h e nominations f o r
t h e o f f i c e of T r u s t e e f o r each a r e a t o every member r e s i d i n g i n such
a r e a n o t l e s s than t h i r t y days b e f o r e such e l e c t i o n d a t e . Such
b a l l o t s , i n s e a l e d envelopes, signed by t h e member, s h a l l be mailed
t o t h e Executive D i r e c t o r n o t l e s s than t e n days b e f o r e t h e s p e c i f i e d
election date. A committee of n o t l e s s than t h r e e members appointed
by t h e P r e s i d e n t s h a l l canvass t h e v o t e s and r e c o r d t h e v o t e s t h e r e o f .
The c a n d i d a t e s r e c e i v i n g t h e g r e a t e s t number of v o t e s c a s t i n each
area s h a l l be declared elected,
Section 4 . Powers and Functions,
(a) The Board of T r u s t e e s s h a l l have g e n e r a l charge of t h e
a f f a i r s and a c t i v i t i e s of t h e a s s o c i a t i o n . It shall:
(i) F i x t h e time and p l a c e of t h e annual meeting of
members of t h e a s s o c i a t i o n .
(ii) F i x t h e d a t e of e l e c t i o n of o f f i c e r s and t r u s t e e s .
(iii) Make a p p r o p r i a t i o n s and a u t h o r i z e disbursements from
t h e funds of t h e S t a t e Bar i n payment of t h e n e c e s s a r y expenses of
t h e a s s o c i a t i o n , i t s o f f i c e r s and committees.
(iv) Cause proper books of accounts t o b e k e p t and t o
procure an annual a u d i t t h e r e o f by a c e r t i f i e d p u b l i c accountant
(a copy of t h e annual a u d i t s h a l l be f i l e d w i t h t h e Supreme Court).
(v) Engage and d e f i n e t h e d u t i e s of employees and f i x
t h e i r compensation.
(vi) Arrange f o r p u b l i c a t i o n o f an o f f i c i a l S t a t e Bar
b u l l e t i n o r journal.
(vii) Receive, consider and take action on reports and
recommendations submitted by committees, sections and the assembly
of members of the association at any annual or special meeting.
(viii) Fill vacancies however arising, in the membership
of the Board of Trustees, or in any office except the office of
President, and in each case the person appointed to fill such a
vacancy shall hold for the unexpired term.
(ix) Adopt regulations, not inconsistent with the associa-
tion's Constitution and these By-Laws, for the orderly administration
of the association's affairs and activities.
Section 5. Meetings of Board of Trustees,
(a) There shall be a regular meeting of the Board of Trustees
in each year at the time of the annual meeting of members of the
State Bar and during the months of April, September and December
in each year. The meetings in the months of April, September and
December shall be on dates set by the Executive Committee.
(b) Special meetings of the Board may be held at any time upon
call of the President, and shall be called by him upon written re-
quests signed by five members of the Board. Notice of the time and
place of regular and special meetings of the Board shall be given
to each member by the Executive Director by mail or telephone at
least five days before the meeting. At any regular or special meeting
of the Board any business may be transacted which is within the
power of the Board, whether or not specified in the call or notice
of the meeting. Action of the Board may be taken without a meeting
by mail or telephone vote.
(c) A majority of the Trustees shall constitute a quorum. Any
Trustee who fails to attend two successive meetinlfsaf the Board of
Trustees without good cause shall forfeit his office and the vacancy
filled by the remaining members of the Board. Good cause shall be
determined by the Board.
(d) A summary of the minutes of each meeting or of any mail or
telephone action of the Board of Trustees shall be printed in the
State Bar Bulletin with a notation that any interested person may
obtain a copy of the minutes on request to the Executive Director.
Section 6. Compensation. The members of the Board of Trustees
shall receive no compensation for services to the association, but
they and also the members of committees and the officers and directors
of sections may, upon authorization of the Board of Trustees, be ,
reimbursed for necessary expenses incurred in the performance of
their duties.
ARTICLE IV
EXECUTIVE COMMITTEE
Section 1 Members; selection. There shall be an Executive Commit-
.
tee consisting of the President, President-Elect, the immediate
Past-President, the Secretary-Treasurer, the Chairman of the Board
of Trustees, and four additional members elected annually by the
Board of Trustees from among its members at its meeting held at the
same time as the annual meeting of the association. A vacancy
occurring in the elected membership may be filled by the Board of
Trustees.
Section 2. Powers and duties. The Executive Committee may exercise
all the powers and perform all the duties of the Board of Trustees
between the meetings of the Board subject to ratification by the
-
Board except the power to initiate the taking of any referendum or
poll of members of the association,
The Executive Committee shall prepare an annual budget for
submission to the Board of Trustees, and shall perform such other
duties as the Board of Trustees may prescribe.
Section 3 . Meeting; quorum. The Executive Committee shall meet at
the call of the President, or at the call of the Executive Director
upon the written demand of at least three of its members. All
members shall be given at least 48 hours notice by mail, or tele-
phone of the time and place of any meeting, Five members present
at a meeting shall constitute a quorum. Action of the Executive
Committee may be taken without a meeting by mail or telephone vote.
Any elected member of the Executive Committee who fails to attend
two successive meetings without good cause shall automatically forfeit
his office and the vacancy shall be filled by the Board of Trustees.
Good cause shall be determined by the Executive Committee.
A summary of t h e minutes of each meeting of t h e Executive Committee
s h a l l b e p r i n t e d i n t h e S t a t e Bar B u l l e t i n , w i t h a n o t a t i o n t h a t any
i n t e r e s t e d person may o b t a i n a copy of t h e minutes upon r e q u e s t t o
t h e Executive D i r e c t o r .
ARTICLE V
YOUNG L W E S SECTION
A YR
There s h a l l be a young lawyers s e c t i o n of t h e S t a t e Bar of Montana.
Each member of t h e S t a t e Bar o f Montana t h i r t y - s i x y e a r s o l d o r
younger may be a member of t h i s s e c t i o n .
ARTICLE V I
AMERICAN BAR ASSOCIATION DELEGATE
Any a c t i v e member who i s a r e s i d e n t of Montana and maintains an
o f f i c e f o r p r a c t i c e of law i n t h i s s t a t e may b e nominated a s a
c a n d i d a t e f o r d e l e g a t e t o t h e House of Delegates o f t h e American
Bar A s s o c i a t i o n by a p e t i t i o n signed by n o t less than twenty-five
a c t i v e members. Nominating p e t i t i o n s s h a l l b e f i l e d w i t h o r mailed
t o t h e S t a t e Bar of Montana a t l e a s t s i x t y days b e f o r e t h e e l e c t i o n
d a t e s p e c i f i e d by t h e Board of T r u s t e e s . I n t h e event t h a t no
member s h a l l be nominated as d e l e g a t e , t h e Board of T r u s t e e s s h a l l
nominate one o r more q u a l i f i e d c a n d i d a t e s f o r such o f f i c e . Election
of t h e d e l e g a t e s h a l l be by s e c r e t b a l l o t of a l l a c t i v e members and
t h e c a n d i d a t e r e c e i v i n g t h e g r e a t e s t number of v o t e s cask s h a l l be
elected. The m a i l i n g , r e t u r n and canvass of t h e b a l l o t s s h a l l be
conducted i n t h e same manner a s provided f o r t h e e l e c t i o n o f t r u s t e e s .
ARTICLE VII
EXECUTIVE DIRECTOR
There s h a l l be an Executive D i r e c t o r of t h e S t a t e Bar who s h a l l be
t h e c h i e f e x e c u t i v e o f f i c e r of t h e a d m i n i s t r a t i v e s t a f f and i n d i r e c t
charge of t h e S t a t e Bar o f f i c e , i t s r e c o r d s , p r o p e r t y and equipment.
The e x e c u t i v e d i r e c t o r s h a l l be h i r e d by t h e Board of T r u s t e e s
under terms of employment and compensation f i x e d by t h e Board. He
s h a l l upon e n t e r i n g upon t h e d u t i e s of e x e c u t i v e d i r e c t o r g i v e a
s u r e t y bond t o t h e S t a t e Bar of Montana f o r t h e f a i t h f u l performance
of his duties, which bond must be approved by the President. Sub-
ject to the general control of the officers, executive committee,
and Board of Trustees and as appropriate and consistent with the
requirements of this constitution and the by-laws, he shall:
(a) Attend meetings of the executive committee and Board of
Trustees, and keep and disseminate the minutes of such meetings.
(b) Collect, deposit and disburse the association's funds
pursuant to the budget, and invest surplus funds at the direction
of the executive committee.
(c) Maintain membership lists, and member files.
(d) Advise and assist the officers, trustees, sections and
committees.
(e) Make the arrangements for association meetings.
(f) Perform such other duties as may be directed by the Board
of Trustees or officers, or as prescribed by the State Bar's
constitution or by these by-laws.
ARTICLE VIII
MEETINGS OF THE ASSOCIATION
Section 1. Annual meeting. There shall be an annual meeting of the
members of the State Bar at such time and place as is designated by
the Board of Trustees.
Section 2. Special meetings. Special meetings of the members of
the State Bar of Montana may be held at such times and places as
designated by the Board of Trustees. A special meeting may also be
called upon a petition signed by not less than twenty percent of
the members of the State Bar of Montana.
Section 3. Notice of meetings. At least fifteen days written
notice shall be given for all special meetings of the State Bar of
Montana and at least thirty days notice shall be given for the
annual meeting of the State Bar of Montana.
Section 4 Powers of annual meeting.
. At any annual or special
meeting of the State Bar of Montana the members present shall con-
stitute a quorum and, by a majority vote of those present, may
modify or rescind any action or decision of the Board of Trustees and
may a l s o i n s t r u c t t h e Board a s t o f u t u r e a c t i o n and t h e Board s h a l l
be bound by any such a c t i o n . The r i g h t a f o r e s a i d t o d i r e c t , modify
o r r e s c i n d a n a c t i o n of t h e Board s h a l l n o t i n c l u d e t h e power t o
i n v a l i d a t e payments p r e v i o u s l y made under t h e d i r e c t i o n of t h e Board.
S e c t i o n 5. Conference f o r members. A t each annual meeting t h e
o f f i c e r s and e x e c u t i v e committee s h a l l i n c l u d e i n t h e p r i n t e d pro-
gram a time and p l a c e a t which any member of t h e S t a t e Bar s h a l l have
an o p p o r t u n i t y t o c o n f e r w i t h t h e o f f i c e r s and t h e e x e c u t i v e committee
and p r e s e n t any complaints o r s u g g e s t i o n s f o r t h e improvement of
t h e S t a t e Bar.
ARTICLE IX
STANDING COMMITTEES
S e c t i o n 1. Appointment and removal.
(a) Appointment. Number of members. Term. Each of t h e
s t a n d i n g committees s h a l l c o n s i s t of n i n e members. The members of
each such committee s h a l l b e appointed by t h e p r e s i d e n t f o r a term
of t h r e e y e a r s , s o arranged t h a t t h e term of o f f i c e of only o n e - t h i r d
of t h e members s h a l l e x p i r e i n any y e a r . The chairman of each com-
m i t t e e s h a l l be d e s i g n a t e d by t h e p r e s i d e n t f o r a term of one year.
A vacancy i n any committee s h a l l b e f i l l e d by appointment by t h e
p r e s i d e n t f o r t h e unexpired term. Members of committees s h a l l s e r v e
u n t i l t h e appointment of t h e i r r e s p e c t i v e s u c c e s s o r s . A majority
of t h e members of any committee s h a l l c o n s t i t u t e a quorum f o r t h e
t r a n s a c t i o n of b u s i n e s s . Each committee s h a l l keep a r e c o r d of i t s
meetings and proceedings and s h a l l submit an annual r e p o r t t o t h e
Board of T r u s t e e s . The Board of T r u s t e e s may a s s i g n powers o r d u t i e s
t o any s t a n d i n g committee i n a d d i t i o n t o t h o s e i n i t i a l l y p r e s c r i b e d
f o r t h e committee.
(b) Removal f o r non-attendance. A f t e r two c o n s e c u t i v e non-
excused absences from meetings of any committee, t h e chairman of t h e
committee s h a l l r e p o r t s a i d absences t o t h e p r e s i d e n t . The p r e s i -
d e n t s h a l l thereupon n o t i f y such member o f h i s removal from t h e
committee, and a p p o i n t a replacement f o r t h e b a l a n c e of t h e term of
office.
Section 2. Committees c r e a t e d . The Board of T r u s t e e s , by m a j o r i t y
v o t e , s h a l l c r e a t e t h e committees of t h e S t a t e Bar and p r e s c r i b e
t h e i r powers and d u t i e s .
ARTICLE X
SECTION ORGANIZATION AND ACTIVITIES
S e c t i o n 1. Establishment of s e c t i o n s . The Board of T r u s t e e s may
e s t a b l i s h , c o n s o l i d a t e and d i s c o n t i n u e s e c t i o n s . Upon approval
of an a p p l i c a t i o n f o r t h e e s t a b l i s h m e n t of a new s e c t i o n , t h e
Board of T r u s t e e s , by a v o t e of a m a j o r i t y of i t s members, may
e s t a b l i s h such a s e c t i o n d e d i c a t e d t o a f i e l d of law n o t committed
t o any o t h e r s e c t i o n . Every a p p l i c a t i o n t o t h e Board of T r u s t e e s
f o r t h e e s t a b l i s h m e n t of a s e c t i o n s h a l l s e t f o r t h :
(a) The f i e l d of law t o which t h e proposed s e c t i o n i s t o be
d e d i c a t e d , which s h a l l b e w i t h i n t h e purposes of t h e S t a t e Bar and
o u t s i d e t h e f i e l d of law committed t o any e x i s t i n g s e c t i o n .
(b) A statement of t h e need f o r t h e proposed s e c t i o n .
(c) The proposed by-laws f o r t h e government o f such s e c t i o n .
(d) The name of t h e s e v e r a l committees, i f any, of t h e proposed
section.
(e) A l i s t of members of t h e a s s o c i a t i o n whd have s i g n i f i e d
t h e i r i n t e n t i o n o f a p p l y i n g f o r membership i n t h e proposed s e c t i o n .
An a p p l i c a t i o n f o r t h e c o n s o l i d a t i o n of e x i s t i n g s e c t i o n s s h a l l
s e t f o r t h t h e information r e q u i r e d i n t h e c a s e of an a p p l i c a t i o n f o r
establishing a section. Such an a p p l i c a t i o n may be g r a n t e d by t h e
Board of T r u s t e e s i n i t s d i s c r e t i o n , by a v o t e of a m a j o r i t y of
t h e members. A s e c t i o n may b e d i s c o n t i n u e d by a v o t e of a m a j o r i t y
of t h e Board of T r u s t e e s , b u t only a f t e r n o t i c e by mail t o t h e
members of s a i d s e c t i o n .
S e c t i o n 2. Membership of s e c t i o n s . Any member of t h e S t a t e Bar s h a l l
be e n t i t l e d a t h i s e l e c t i o n t o e n r o l l i n any s e c t i o n .
Section 3. S e c t i o n o f f i c e r s and c o u n c i l . Each s e c t i o n s h a l l have a
chairman and c o u n c i l and such o t h e r o f f i c e r s as t h e s e c t i o n by-laws
may provide. The c o u n c i l of a s e c t i o n s h a l l c o n s i s t of t h e o f f i c e r s
e x - o f f i c i o and such o t h e r members a s may be provided i n t h e by-laws.
N change i n t h e by-laws of any s e c t i o n s h a l l be e f f e c t i v e u n t i l
o
approved by t h e Board of T r u s t e e s .
- 18 -
Section 4. Section dues. The members of any s e c t i o n may be
required t o pay s e c t i o n dues i n such amount and f o r such purposes
a s t h e s e c t i o n , with t h e approval of t h e Board of T r u s t e e s , may
determine. The dues s h a l l be paid t o t h e S t a t e Bar o f f i c e .
Section 5. Section meetings. The o f f i c e r s and c o u n c i l of each
s e c t i o n s h a l l arrange f o r meetings of t h e s e c t i o n i n conjunction
with t h e annual meeting. Special meetings may be held a t such
times and places a s t h e s e c t i o n council o f f i c e r s may determine.
Section 6. Reports. Each s e c t i o n s h a l l submit t o t h e Board of
Trustees p r i o r t o t h e annual meeting of t h e a s s o c i a t i o n i n each
year a r e p o r t of t h e a c t i v i t i e s of t h e s e c t i o n .
Section 7. Expenses. Expenditures out of t h e dues of s e c t i o n s
s h a l l be made only by d i r e c t i o n of t h e council of t h e s e c t i o n ;
and t h e S t a t e Bar s h a l l pay out of such dues only such amounts a s
t h e chairman of t h e s e c t i o n s h a l l c e r t i f y t o have been so a u t h o r i -
zed.
ARTICLE X I
CLIENT SECURITY FUND
The Board of Trustees s h a l l e s t a b l i s h a c l i e n t s e c u r i t y fund and
provide r u l e s of procedure f o r i t s administration. The Board may
purchase a c l i e n t s e c u r i t y indemnity bond f o r a d d i t i o n a l c l i e n t
protection.
ARTICLE X I 1
OFFICIAL PUBLICATION: NOTICE TO M M E S
E BR
(a) The Montana S t a t e Bar B u l l e t i n s h a l l be t h e p u b l i c a t i o n
of t h e S t a t e Bar of Montana. A l l o f f i c i a l n o t i c e s s h a l l be pub-
l i s h e d t h e r e i n and such p u b l i c a t i o n s h a l l 'can;;stitute n o t i c e t o a l l
members. The Bar B u l l e t i n s h a l l be mailed t o a l l members a t t h e i r
address of record.
(b) A f i n a n c i a l statement showing a s s e t s , l f a b i l i t i e s , r e c e i p t s
and disbursements of t h e S t a t e Bar s h a l l be published i n t h e S t a t e
Bar B u l l e t i n p r i o r t o t h e annual meeting.
ARTICLE XI11
REFERENDUM PROCEDURE
Section 1. Trustees may initiate. The Baard of Trustees may at
any time, by the affirmative vote of two-thirds of its membership,
refer to the active members of the association for a determination
by mail ballot, any question of association policy.
Section 2. Annual or special meetings may initiate. The Board of
Trustees shall, in like manner, submit for determination by the
active members of the association, any question of association
policy, including proposed changes in the constitution or by-laws
of the association, whenever directed so to do by resolution
adopted at any regularly called meeting of the membership by the
affirmative vote of a majority of those voting.
Section 3. Members may initiate by petition. The Board of
Trustees shall, in like manner,submit for determination, by the
members of the association, of any question of association policy,
including proposals for changes in the constitution or by-laws,
whenever directed so to do by a petition signed by not less than
ten percent of the active members of the association.
Section 4 Procedure.
. Ballots for use in any such referendum
shall be prepared, distributed, returned and counted in accordance
with regulations prescribed by the Board of Trustees. The result
of the referendum, as determined by a majority of the votes c a s t ,
when duly ascertained, shall be published by the Board of Trustees
in the official Bar Bulletin, and shall control the action of the
association, the Board of Trustees, the officers, sections and
committees.
ARTICLE XIV
CANONS OF PROFESSIONAL ETHICS
The rules of professional conduct set forth from time to time in
the Canons of Professional Ethics of the Supreme Court, as it may
be supplemented or modified by the Court, shall be the standards
governing the practice of law in this state.
ARTICLE XV
A ED ET
MN MN
(a) These by-laws may be amended o r r e p e a l e d a t any annual o r
s p e c i a l meeting of t h e S t a t e B a r by a m a j o r i t y v o t e of t h e members
p r e s e n t , provided n o t i c e s e t t i n g f o r t h t h e proposed amendment s h a l l
be given a l l members i n t h e n o t i c e of t h e meeting.
(b) The Board of T r u s t e e s s h a l l review t h e by-laws every
t h r e e y e a r s , s o l i c i t o p i n i o n s of t h e members r e l a t i v e t o proposed
amendments and r e p o r t t o t h e members p r e s e n t a t t h e annual meeting
i n t h a t year.
ARTICLE XVI
FIRST ELECTION
The f i r s t e l e c t i o n of o f f i c e r s and a Board of T r u s t e e s under t h e s e
by-laws s h a l l be h e l d under t h e d i r e c t i o n of t h e Supreme Court i n
accordance w i t h t h e by-laws.
A t t h e f i r s t e l e c t i o n a p r e s i d e n t s h a l l b e nominated and e l e c t e d
i n t h e same manner a s t h e p r e s i d e n t - e l e c t i n accordance w i t h
Article II(c). The o f f i c e r s and t r u s t e e s f i r s t e l e c t e d s h a l l assume
o f f i c e on e l e c t i o n day and s h a l l immediately s e l e c t a s i t e and
d a t e f o r t h e f i r s t annual meeting of t h e a s s o c i a t i o n . The terms of
o f f i c e of o f f i c e r s f i r s t e l e c t e d s h a l l e x p i r e a t t h e conclusion of
t h e second annual meeting.
ARTICLE X V I I
EFFECTIVE DT
AE
These by-laws a r e e f f e c t i v e on March 1, 1975.
The following implementation schedule, which d i f f e r s from t h e
by-laws i n n o t i f i c a t i o n time requirements f o r t h e e l e c t i o n p r o c e s s ,
i s adopted:
March 1, 1975
.
E f f e c t i v e d a t e of C o n s t i t u t i o n and
By-Laws
March 1, 1975 N o t i f i c a t i o n , X e g i s t r a t i o n forms,
and nominating p e t i t i o n s s e n t t o a l l
members of Unified Bar.
A p r i l 1, 1975 Deadline f o r f i l i n g nominating
p e t i t i o n s w i t h Supreme Court.
A p r i l 15,1975 B a l l o t s mailed t o a l l members by
Supreme Court.
May 1, 1975 Deadline f o r r e t u r n i n g voted b a l l o t s
t o Supreme Court.
May 1 0 , 1975 F i r s t Election date.
May 15, 1975 O r g a n i z a t i o n a l meeting -- Board of
T r u s t e e s t r a n s f e r of Montana Bar
A s s o c i a t i o n a s s e t s t o Unified Bar.
H i r i n g of s t a f f . C a l l i n g of f i r s t
annual meeting o f Unified Bar.
May 20, 1975 Mail n o t i c e of f i r s t annual meetine;.
June 1, 1975 F i r s t m a i l i n g of dues n o t i c e s f o r
1975-1976 f i s c a l y e a r .
June 21, 1975 Convention and f i r s t r e g u l a r Board
meeting.
J u l y 1, 1975. Due d a t e f o r dues.
Sept. 1, 1975 Second dues n o t i c e .
Oct. 1, 1975 Suspension f o r unpaid dues.
Oct. 21, 1975 Notice of suspension s e n t t o c o u r t s .
A copy of t h i s Order s h a l l be mailed t o each c u r r e n t l y l i c e n s e d
a t t o r n e y appearing i n t h e r e c o r d s of t h e C l e r k of t h e Supreme Court.
DONE t h i s > & a
& dy of January, 1975.