Opinion
January 17, 1991.
ORDER
The Court, under its authority to establish rules for the admission of attorneys in the State of Montana, hereby adopts the attached 1991 Rules for Admission to the Bar of the State of Montana. All previously-adopted rules for admission in conflict herewith are repealed. It is ordered:
1. The effective date of these 1991 Rules is January 17, 1991. These Rules shall apply to the July 1991 Bar Examination and to all subsequent Bar Examinations in Montana.
2. The Clerk of this Court is directed to mail copies of this order and the attached Rules to:
West Publishing Company, with a request that the Rules be published in the Pacific Reporter.
State Reporter, with a request that the Rules be published in the State Reporter.
National Conference of Bar Examiners.
State Bar of Montana.
Administrator, Board of Bar Examiners
Each member of the Board of Bar Examiners.
Each member of the Committee on Character and Fitness.
DATED this 17th day of January, 1991.
s/ J.A. Turnage, Chief Justice s/ John Conway Harrison, Justice s/ Diane G. Barz, Justice s/ William E. Hunt, Sr., Justice s/ Terry Trieweiler, Justice s/ R.C. McDonough, Justice s/ Fred J. Weber, Justice
1991 RULES FOR ADMISSION TO THE BAR OF THE STATE OF MONTANATable of Sections
Preliminary.
Section
I. Classification of Applicants.
1. Student Applicants.
2. Attorney Applicants.
3. Foreign Applicants.
4. Admissions for Individual Cases.
II. Admission to Practice.
III. Registration and Processing of Applicants.
IV. Committee on Character and Fitness.
1. Composition, Nomination, and Appointment.
2. Duties and Immunities.
3. Standard of Character and Fitness.
4. Investigation of Applicants.
5. Questionnaires and Other Investigative Devices.
6. Fees and Expenses of the Committee.
7. Committee Hearings, Rules of Procedure, and Appeals.
V. Supporting Documents Required for Application and Questionnaire.
VI. Instructions as to Completing Application and Questionnaire.
VII. Board of Bar Examiners.
VIII. Montana Bar Examination.
IX. Notification of Pass/Fail; Admission Ceremony.
X. Readmission of Inactive Members.
Application and Questionnaire.
Authorization and Release.
Affidavit.
1991 RULES FOR ADMISSION TO THE BAR OF THE STATE OF MONTANA PRELIMINARY
In outline the procedure, as detailed in these Rules, for processing an application for admission to the Bar of the State of Montana from application through examination and admission shall be as follows:
1. Any person can obtain any of the following documents from:
Committee on Character and Fitness State Bar of Montana P.O. Box 577 46 North Last Chance Gulch Helena, MT 59624
(a) A copy of these Court Rules.
(b) "Application and Questionnaire" together with required "Affidavit" and "Authorization and Release".
An applicant who seeks eligibility to take the Montana Bar Examination shall register with the Office of the State Bar of Montana in timely fashion (Section III), complete and return the Application and Questionnaire, along with the specified fee, to the State Bar Office within the time specified in Section III.
2. The Committee on Character and Fitness (Section IV) of the State Bar of Montana shall process each applicant's Application and Questionnaire and make a determination of the character and fitness of each applicant. The Committee shall then timely certify the names of approved applicants to the Clerk of this Court. All applicants shall also be notified of approval or disapproval.
3. The Clerk of Court shall advise the Administrator of the Board of Bar Examiners of the number and categories (Multistate Bar Examination (MBE) and essay) of examinees for whom preparation for a bar examination must be made.
4. Upon the timely certification of names of approved applicants by the Committee on Character and Fitness to the Clerk of this Court, the specified bar examination fees shall be collected by the Clerk. Prior to examination of approved applicants by the Board of Bar Examiners, the Clerk shall register each applicant for the examination and assign him or her an identifying number which shall solely identify the applicant throughout the examination process. On the day of commencement of the examination, the Clerk shall administer an examination oath to those approved to take the examination and submit the examinees to the Board of Bar Examiners for examination.
5. The Board of Bar Examiners shall conduct the bar examination (MBE and essay portions), determine those who have passed and not passed the total examination, and certify the identifying numbers of such individuals to the Clerk of Court for decoding as named individuals.
6. The Clerk shall notify the successful and unsuccessful examinees by mail, determine the Multistate Professional Responsibility Examination (MPRE) qualifications of each applicant for admission to the Bar, and inform those applicants who have fulfilled all the requirements for admission to practice of the date of the ceremony set by the Supreme Court for formal admission to the State Bar of Montana.
SECTION I. CLASSIFICATION OF APPLICANTS
1. Student Applicants. A "Student Applicant" is an applicant who is not a "Foreign Applicant" or "Attorney Applicant" as defined herein. As of the time of his or her taking the Montana Bar Examination, a Student Applicant must be a graduate of a law school which is accredited by the American Bar Association at the time the student graduates. A Student Applicant may apply to the Committee on Character and Fitness to commence the processing of his or her Application and Questionnaire prior to graduation from law school (see Section III). Student Applicants must take and pass the Montana Bar Examination for admission to practice law in Montana (see Section VIII).
2. Attorney Applicants. (a) An "Attorney Applicant" is an applicant who is a graduate of a law school accredited by the American Bar Association at the time of graduation and who has been admitted to practice law in another state, territory of the United States, or the District of Columbia.
(b) An Attorney Applicant with less than 5 years of practice in another state, district or territory, shall take the same bar examination as a Student Applicant (see Section VIII). An Attorney Applicant who has been admitted to the practice of law in a state, territory, or district for 5 or more years may petition the Supreme Court of Montana for an abbreviated bar examination or waiver of examination. The verified petition shall:
1. be filed with the Clerk of the Supreme Court, 215 North Sanders, Helena, Montana 59620 (406)444-3858 by March 1 as to the following July examination. Petitions shall be referred by the Clerk to the Court's standing committee (Section I-2d).
2. summarize the applicant's legal training, nature of practice, and legal experience, as required by the prescribed form.
(c) The applicant shall also file his or her application with the court's Committee on Character and Fitness and pay the fees required of an Attorney Applicant (see Section III) and in due course have such application reviewed by the Committee. Upon receiving the recommendations of the standing committee (Section I-2d), the Court may require such further information as it desires from the applicant, either by personal interview or by affidavit and shall specify to the applicant the scope of the examination required of him or her under this rule by June 1 as to the July examination. As to each particular applicant, the Court may:
1. Waive any examination by the Montana Board of Bar Examiners, including the MBE. The Court shall specify whether or not the MPRE is also waived.
2. Specify one or more of the following Montana Bar Examinations, and also, in each instance, whether an MPRE shall be required:
a. Full bar examination as with Student Applicants.
b. MBE, without essay questions.
c. Abbreviated essay examination, without MBE, consisting of one, two, or three essay examination sessions.
MBE and essay sessions shall be at the times and places prescribed for Student Applicants and shall be graded and reviewed in the same manner. Except for the possible brevity of an attorney's examination, it shall be conducted and reviewed in the same manner as the Student Applicant examination and have the same potential for separately taking the MBE from the essay portion with carry-forward privileges and be subject to the same number of permitted failures (see Sections VIII 5 and 6).
(d) The petitions by practicing attorneys with 5 or more years of active practice shall be referred by the Clerk of the Supreme Court to a 3-person standing committee appointed by the Supreme Court, which Committee shall be separate from the Board of Bar Examiners. This Committee shall through form questionnaires and such other inquiries as it deems advisable, determine the status of the applicant and obtain information such as age, length of practice, type of practice, status in bar, honors, any professional discipline, and other pertinent information. From such information the Committee shall recommend to the Supreme Court that the applicant:
1. Be admitted without examination; or
2. Take an abbreviated examination as described in Section I-2c; or
3. take the standard Montana Bar Examination.
(e) An Attorney Applicant who is a graduate of a law school accredited by the American Bar Association and whose principal occupation is full-time faculty membership of a law school located in Montana and accredited by the American Bar Association, and who has been a member in good standing of the bar of another state for at least 3 years, may be admitted to the Bar of Montana without passing any segment of the bar examination or the MPRE; however, such applicant must be approved in the manner of an Attorney Applicant by the Committee on Character and Fitness and pay all fees required of Attorney Applicants (Section III). Such professor applicant must also submit an affidavit of the dean of the law school employing the applicant, verifying that the principal occupation of the applicant for at least two years has been that of a full-time member of the law faculty, and that the applicant is of good moral character and is competent to practice law in Montana. In the event the dean of the law school is a candidate under this Rule, the affidavit shall be submitted by the Attorney General of Montana.
3. Foreign Applicants. A "Foreign Applicant" is an applicant who either has been admitted to the practice of law in a foreign country, or is a graduate of a law school which is situated in a foreign country and therefore is not subject to accreditation by the American Bar Association. A Foreign Applicant who has attended law school in a country with which we have a joint tradition of the common law, and who is either a citizen of the United States or an alien admitted for permanent residence in the United States may be admitted to the bar of Montana based on that foreign law school education. A Foreign Applicant shall first contact the Clerk of this Court and receive special instruction for submitting his or her petition to this Court. Thereafter the applicant shall proceed as directed by this Court. If the Court permits the applicant to take the Montana Bar Examination, the applicant shall be assigned a Student Applicant or an Attorney Applicant status. The applicant's Application and Questionnaire will then be processed by the Committee on Character and Fitness and, if eligible, the applicant shall take the appropriate full bar examination if he or she is a Foreign Student Applicant, and such additional examinations as may be ordered by the Court as either a Foreign Student Applicant or Foreign Attorney Applicant.
4. Admissions For Individual Cases.
For the purpose of an individual case, no member of the bar of any state, district, or territory other than Montana may appear in the courts of this state before complying with § 37-61-208, MCA, and associating with a licensed actively practicing attorney upon whom pleadings and other papers may be served and who shall be responsible for the ethical conduct of such attorney under the provisions of the Rules of Professional Conduct of the State Bar of Montana.
SECTION II. ADMISSION TO PRACTICE
For admission to practice law in Montana, all applicants must be approved by the Committee on Character and Fitness (Section IV) and pass the appropriate Montana Bar Examination (Section VIII) and the Multistate Professional Responsibility Examination (Section VIII-7) unless otherwise ordered by the Supreme Court pursuant to these Rules.
SECTION III. REGISTRATION AND PROCESSING OF APPLICANTS
Before an applicant will be permitted to take the Montana Bar Examination he or she must be certified to take the examination by the Committee on Character and Fitness.
All applicants must obtain from the office of the State Bar of Montana an Application and Questionnaire and affixed Affidavit and Authorization and Release and complete and return the same together with all required supporting documents to the State Bar office by March 1 as to the following July examination.
Once an application is completed and filed with the Committee on Character and Fitness, the applicant has an ongoing responsibility to update that application, so that the information provided to the Committee is both current and accurate. The Committee must therefore be promptly notified of any change in circumstance relevant to the application for admission. This notification must be in writing and, where applicable, provide a detailed explanation of the amendment to the application.
The requirement that an applicant notify the Committee of any changes which occur subsequent to the filing of an application includes, but is not limited to, any change in residence or business address or telephone number, employment situation, or attorney membership status. It also includes the need to inform the Committee of any disciplinary action filed in another jurisdiction, or any involvement in a criminal proceeding, or the recurrence or development of an emotional or physical disability or illness that would have a bearing on one's fitness to practice law.
Remember, if an applicant furnishes significantly false or incomplete information, his or her application may be summarily rejected by the Committee.
A Student Applicant may apply to the Committee on Character and Fitness to commence processing his or her application upon acceptance to law school. An early applicant shall update his or her application on a form prescribed by the Committee on Character and Fitness, in accordance with the time frames specified above.
Applications for the July bar examination received (postmarked or hand delivered) after March 1 shall incur a late filing penalty of $100.00 up to April 15. An application received after April 15 will not be accepted for the July examination and will be returned.
If the Court's Committee on Attorney Admission processes petitions for waiver outside of the time frame specified above, the Committee on Character and Fitness shall complete its investigation and certify to the Clerk of the Supreme Court whether such applicant has the requisite character and fitness for admission to the Montana Bar. Such certification shall be made within 120 days of receipt of the application and notice of full waiver, whichever is received later.
At the time of filing the completed application, the applicant shall enclose the following fees, made payable to the Clerk of the Montana Supreme Court:
(a) Student Applicant $ 75.00
(b) Attorney Applicant $150.00
Re-examination. An applicant may apply for re-examination to the Committee on Character and Fitness within 30 days of the date of notification of failure by the Supreme Court.
The applicant must pay a fee of $10.00 (made payable to the Clerk of the Montana Supreme Court) and file an application for re-examination on a form prescribed by the Committee on Character and Fitness.
Deferment. An applicant who, after filing an application for examination, finds that he or she is unable to take the examination on the prescribed date may submit to the Committee on Character and Fitness a written request for deferment to a subsequent examination date.
Before the subsequent examination, the applicant must pay a fee of $10.00 (made payable to the Clerk of the Montana Supreme Court) and file an application for re-examination on a form prescribed by the Committee on Character and Fitness within the time frame specified in Section III above.
Applicants who are found qualified by the Committee on Character and Fitness to take the bar examination will be so notified by the Committee and their names certified to the Clerk of Court for bar examination purposes. Unqualified applicants will be notified by the Committee on Character and Fitness and informed of the reasons for rejection of the application.
Upon the timely certification of names of approved applicants to the Clerk of this Court by the Committee on Character and Fitness, the following fees will be payable:
(a) National MBE Fee $ 33.00
(b) Montana Examination Fee $350.00
All attorney applicants will be required to pay the Montana Examination Fee. Payment shall be made by cash, if in person, or by cashier's check or money order (personal checks will not be accepted) made payable to the Clerk of the Montana Supreme Court and mailed examination Fee. Payment shall be made by cash, if ain person, or by cashier's chieck or mone;y order (personal checkis will not be accepted) made payable to the Clerk of the Montana Supreme Court and mailed to:
Clerk, Montana Supreme Court Room 323, Justice Building 215 North Sanders Street Helena, Montana 59620-3003
Failure to appear for examination on the part of an applicant without first requesting deferment will result in the application being dismissed, and the applicant shall be required to file a new application and pay the regular application fee for any subsequent examination.
The Application and Questionnaire and the Rules for Admission may be modified from time to time by the Board of Bar Examiners, Clerk of Court or the State Bar of Montana upon application to and approval by the Court.
SECTION IV. COMMITTEE ON CHARACTER AND FITNESS
The membership powers and duties of the Committee on Character and Fitness are as follows:
1. Composition, Nomination, and Appointment. The Committee shall consist of five practicing Montana attorneys nominated by either the State Bar of Montana or this Court, and appointed by this Court. The term of office of each nominee shall be until his or her successor is nominated and appointed.
2. Duties and Immunities. The Committee on Character and Fitness shall act on behalf of this Court to investigate and determine the moral character and fitness of each applicant to take the Montana Bar Examination. In such function, the Committee, its members, employees, and all personnel through whom the Committee functions shall enjoy such judicial immunities as this Court would have if performing the same function.
3. Standard of Character and Fitness. Every applicant for the Montana Bar Examination must be of good moral character. It shall be the responsibility of the applicant to demonstrate to the satisfaction of the Committee that the applicant would, if admitted to practice law in Montana, be able to act in accordance with the standards set forth in the Montana Rules of Professional Conduct, fairly, honestly, reasonably, and with unquestionable integrity in all matters in which he or she acts as an attorney at law.
4. Investigation of Applicants. The Committee shall process the applicant's Application and Questionnaire and, where necessary, otherwise investigate and make a determination of the character and fitness of each applicant to take the bar examination. The Committee may receive and investigate any challenge to an applicant's character and fitness. The Committee's investigation shall be conducted in such time prior to each annual bar examination as will permit the Committee to certify to the Clerk of this Court the names of those applicants who have been found to be of good moral character and fitness and thereby qualified to sit for the bar examination. Examinees shall be certified by June 1 for the July examination.
5. Questionnaires and Other Investigative Devices. The Committee shall provide an approved Application and Questionnaire for completion by the applicants as in the discretion of the Committee and consistent with these rules is necessary to make a determination of an applicant's character and fitness. The Application and Questionnaire has been reviewed and found proper by this Court for the Committee's use. From time to time the Committee may propose changes in the questionnaire, which changes shall become effective upon approval of this Court.
6. Fees and Expenses of the Committee. Committee members shall be entitled to actual and necessary travel and subsistence compensation provided by the State Bar of Montana for its committees. The Committee is authorized to engage secretarial services and professional investigators necessary to accomplish its tasks.
7. Committee Hearings, Rules of Procedure Appeals. Any problems that arise in the processing of an applicant's Application and Questionnaire may be discussed in informal communications between the Committee and the applicant. From time to time, substantial issues will arise which will require formal trial and hearing before the Committee which may result in the Committee's disapproving the applicant's application and finding a lack of appropriate character and fitness to take the bar examination or be admitted to practice in Montana. The Rules of Procedure of the Committee on Character and Fitness are made available upon request, to applicants, from the State Bar of Montana. The Rules of Procedure provide for a hearing process before the Committee and also provide for a manner of appeal to the Montana Supreme Court by an applicant who contests the final rulings of the Committee.
SECTION V. SUPPORTING DOCUMENTS REQUIRED FOR APPLICATION AND QUESTIONNAIRE
The following documents shall be submitted by an applicant in support of his or her application to the State Bar of Montana:
1. Two sets of fingerprints. Applicants can be finger-printed through the Montana Justice Department Identification Bureau, Room 234 Scott Hart Building, 303 Roberts, Helena, Montana, or most other law enforcement agencies. The applicant should provide the finger-printing source with an 8 1/2 x 11 inches, postage pre-paid envelope. Fingerprints shall be forwarded by the agency to the State Bar of Montana, P.O. Box 577, Helena, Montana 59624. Fingerprint cards are available at the State Bar Offices.
2. Certified copy of birth certificate.
3. Two photographs. Two recent passport-type photographs including head and shoulders, 2 1/2 x 2 1/2 inches in size, and signed by the applicant on the back in ink with the applicant's customary signature.
4. Student Applicants: With their application Student Applicants must file the following certificates on letterheads of persons or institutions making the same. If letterhead is not available, signature of persons making the same must be notarized.
(a) Transcript of credits from law school showing subjects studied, grades obtained, and degree awarded. In the event the time frame renders it impossible to provide a transcript, the Clerk of the Supreme Court will accept, along with the application, a certification from the office of the dean of the law school, to the effect that the applicant has met all of the requirements for graduation and that the applicant will graduate at the specified time. However, the transcript must be filed before the applicant will be allowed to sit for the examination.
(b) Affidavits as to moral character from two attorneys, unrelated to applicant, and not fellow students, stating the length of time applicant has been known to the person making the certificate, the nature of their association, and any facts concerning the applicant of which such person has knowledge. These affidavits shall be original documents and shall be notarized.
5. Attorney Applicants: Attorney applicants must file the following certificates in support of their applications:
(a) Certificate under the seal of the highest court in all jurisdictions in which he or she is licensed, dated not more than 3 months prior to the filing of the application, showing the date the applicant was admitted to the bar thereof, the applicant's standing therein, and whether or not any disciplinary proceedings have been initiated against him or her and if so, the result thereof.
(b) Certificates from the chief administrative officer of each bar of each state in which he or she is admitted if said bar is integrated or unified, on the official letterhead of that organization, to the effect that he or she is in good standing, and stating whether any disciplinary proceedings have been initiated against him or her, and if so, the result or status thereof.
(c) 1. Certificates from two judges of courts of original jurisdiction or appellate jurisdiction, on the official letterheads of the judges, bearing the court seal, showing the length of time the applicant has been engaged in the practice of law as a principal occupation. Certificates from two attorneys on their letterheads showing the dates during which the applicant has been engaged in the practice of law as principal occupation. Letters from two clients for whom he or she has handled legal business stating the nature of the business handled and whether or not the services have been satisfactory; or
2. Certificates from the dean of an accredited law school, in which the applicant has been engaged in teaching law, on official letterhead and bearing the seal of the school, showing the length of time that he or she has been so engaged and that he or she has performed satisfactorily; or
3. Certificate from the Secretary of State or other proper officer of the State wherein the applicant has served as a judge of a court of record, bearing the seal of the officer making the same, showing the dates during which he or she has so served and that there have been no disciplinary proceedings against him or her; or
4. Certificate from the Judge Advocate Department showing service in the department in a legal capacity, and showing satisfactory performance and the dates served.
SECTION VI. INSTRUCTIONS AS TO COMPLETING APPLICATION AND QUESTIONNAIRE
1. Read the entire application carefully before making any entries.
2. Have answers typewritten or printed legibly.
3. Give specific answers to EACH PART OF ALL questions. Do not leave any spaces blank. If the question is not applicable, so indicate in the space provided for the answer (n/a).
4. Give complete dates, i.e., month, day and year, wherever possible.
5. Complete all addresses giving the street name and number, city, and state. Include postal zip code.
6. Clearly identify clients, references, employers, associates, and partners as such wherever their names are used.
7. Avoid the use of abbreviations, particularly those which are not self-explanatory, or provide an explanation where they are used.
8. When using additional paper to supplement answers, give the information in the same manner and order as is called for in the application. Put name and date on each sheet.
9. Please execute both the Authorization and Release and Affidavit at the conclusion of the application and have them notarized.
SECTION VII. BOARD OF BAR EXAMINERS
Pursuant to prior order and appointments by this Court, the Board of Bar Examiners shall consist of seven members and shall have an Administrator. The Board and its Administrator shall function subject to the continuing controlling jurisdiction and review of this Court. The Board's primary responsibilities are the preparation for and conduct of annual examinations, the grading of the examinations under the Board's supervision, and the determination of the examinees who have passed or failed. In these functions the Board and its members shall enjoy the judicial immunities this Court would have if performing the same functions.
The current address of the Board Chairman and its Administrator is:
Chairman of Board of Bar Examiners Administrator of Board of Bar Examiners Montana Supreme Court Justice Building 215 North Sanders Helena, Montana 59620 Phone: (406) 444-2621
SECTION VIII. MONTANA BAR EXAMINATION
The Board of Bar Examiners shall prepare and conduct the bar examinations consistent with the following rules:
1. Commencing in 1992, there shall be one three-day bar examination each calendar year commencing on the summertime date when the Multistate Bar Examination is given nationally — presently the last Wednesday of the month of July. Thursday and Friday of each examination session are devoted to essay questions.
2. The bar examination shall consist of the MBE as formulated, disseminated, and graded by the National Conference of Bar Examiners (presently one full day) and eleven hours of one-hour essay questions prepared, administered, and graded under the auspices of the Board of Bar Examiners. Examinees may typewrite answers to essay questions or may handwrite their answers in Blue Books provided by the Board. Typists will be separated from non-typists within the reasonable limits of the physical surrounding available. Applicants with particular physical problems pertinent to writing or typewriting an examination may specify such problems to the Board and seek special consideration. Such petitions to the Board must be filed with its administrator 30 days prior to the commencement of the examination.
(a) The MBE. The MBE is a six-hour, 200 item, multiple choice test given nationwide and which covers the following subjects: Constitutional Law, 30 questions; Contracts, 40 questions; Criminal Law, 30 questions; Evidence, 30 questions; Real Property, 30 questions; and Torts, 40 questions. The questions are prepared and graded at the national level.
Montana will accept MBE scaled scores received at any testing site within 2 years prior to the date of the Montana examination at which they are to be used. Thus, transferred or prior MBE scores received in July 1990 will be acceptable through the July 1992 examination.
If an applicant to the Montana Bar desires to use a transferred MBE score, and not take the currently given MBE test on the Wednesday of the Montana examination, IT IS HIS OR HER SOLE RESPONSIBILITY to cause the testing site or other keeper of the records of the examination in questions to certify the scaled MBE score to the Clerk of the Montana Supreme Court. Transferred scores must be registered with the Clerk's office by the time of the Montana examination unless special permission otherwise is first obtained. Upon request, the Administrator of the Montana Board of Bar Examiners will certify scaled MBE scores obtained in Montana to other jurisdictions.
Nationally prepared booklets on the MBE with sample questions for study and answering suggestions are available without charge at the State Bar office.
(b) The essay portion of the examination. An examinee must be prepared to answer essay questions on the following subjects. With the exception of constitutional law, where Montana law conflicts with the "general law," the Montana law will prevail:
1. Contracts — including issues of damages;
2. Federal Constitutional Law;
3. Criminal Law under Montana's codified Montana Rules of Evidence;
4. Evidence — including the codified Montana Rules of Evidence;
5. Property, both real and personal;
6. Torts — including issues of damages;
7. Business organizations — including partnerships, corporations and joint ventures;
8. Federal Taxation — including individual and corporate income taxation and federal estate and gift taxes. No Montana income or inheritance tax questions will be included;
9. Montana and Federal Civil Procedure;
10. Domestic Relations — including Montana's laws on dissolution of marriage and adoption laws;
11. Uniform Commercial Code, Chapters One, Two, Three, Four, Six and Nine, and excluding Chapters Five, Seven and Eight;
12. Security Interests in Real Property — including mortgages, deeds of trust, and installment contracts;
13. Estates and Probate Proceedings — including wills, trusts, interstate succession;
14. Workers' Compensation;
15. Administrative Law — including the Montana Administrative Procedure Act and the Attorney General's Model Rules (Section 2-4-202, MCA);
16. Montana Water Law.
The daily schedule for the essay portion of the examination is as follows:
Thursday, 9:00 a.m. — 12:00 noon — write on 3 of 4 questions.
Thursday, 1:00 p.m. — 5:00 p.m. — write on 4 of 5 questions.
Friday, 9:00 am. — 1:00 p.m. — write on 4 of 5 questions.
The essay questions are similar to standard law school essay questions and an hour is available to answer each question. At each session, morning and afternoon, one question must be omitted. There are 3 sessions and, hence, in the course of the essay examination, an examinee will write on 11 of 14 essay questions.
3. Essay answers shall be graded on a scale of 0 to 100. A score of 70 on a particular question shall be considered to be a satisfactory or passing score. A total score of 770 as to all 11 essay answers shall be considered to be a potentially satisfactory or passing grade. A scaled score of 130 shall be considered to be a potential pass as to the MBE portion of the examination. However, the essay and MBE scores must be combined on a weighted ratio of two-to-one with the essay portion receiving the greater weight, and that total single score must be reviewed by the Board of Bar Examiners and scaled, where necessary in the Board's sole discretion, and a determination of a pass or fail made. Essay scores may, in the Board's sole discretion, be uniformly scaled either up or down prior to their being combined with scaled MBE scores so that the difficulty of any one examination will approximate the difficulty of prior essay examination. To achieve the single, weighted score, the Board in its discretion may cause the Montana essay results to be combined with the Montana scaled MBE results on the specified two-to-one ratio so as to achieve the single, weighted final examination score which lies in the MBE range of figures rather than in the essay range of figures. Thus, the barely- passing, single, combined score would be in the area of 130 rather than 770. A single score of 130 shall not be deemed inflexibly to be the lowest passing score. After reviewing the total examination results and gauging them for difficulty against current and past MBE and essay results, the Board in its sole discretion may scale the examination results and determine a pass/fail cutoff score slightly above or below the initially targeted passing score of 130.
4. After making an initial determination of a scaled pass/fail demarcation line for the particular examination in questions, the Board shall review the essay answers of the marginally unsuccessful examinees for purposes of possibly revising the individual scores of such examinees. The grades given the answers by the initial graders shall be presumed correct; however, if the Board believes as to any answer that a clear error was made by the grader, the grade may be increased or decreased in the Board's sole discretion. If the total of such revisions, if any, requires a change in an individual examinee's score so as to bring it at or above the pass/fail demarcation line, the Board shall effect such change and "pass" such examinee prior to certifying the final list of pass/fail examinees by identifying number to the Clerk of the Supreme Court. Once the Board has completed its review of marginally unsuccessful examinees and has certified the final results to the Clerk of Court, no further review by the Board need be made, and petitions by unsuccessful examinees for regrading or further Board review shall not lie.
5. The essay and MBE portions of the total examination may be taken separately by any applicant under the following rules:
(a) The essay portion of the examination may be taken only in Montana.
(b) Either the essay portion or the MBE portion shall have a carry-forward potential (at the examinee's sole discretion) for two calendar years. Thus, an essay or MBE portion taken in July 1990 shall have a continuing vitality through the July 1992 examination. However, the examinee must declare to the Clerk of this Court his or her intention to carry forward a particular grade when registering for a subsequent examination.
(c) The examinee shall be the sole judge of whether the score under consideration is sufficiently high to merit carry-forward use. If two essay or MBE scores lie within a two-year carry-forward period, only the later score may be used.
(d) Where one portion of the examination is a carry-forward score, the other portion must be taken in Montana during the validity period of the carry-forward score so that there can be a combination of MBE and essay scores (subparagraph 3 above) into a single score which shall be used as that examinee's final examination result for pass/fail purposes in the particular examination in question.
(e) Scaled MBE results obtained in Montana may be obtained upon request from the Administrator, Board of Bar Examiners. The Administrator shall certify such results to any jurisdiction requested by the examinee.
6. An applicant for the Montana Bar Examination, or any portion thereof, who has been unsuccessful in three (3) attempts at the examination must file a petition with the Supreme Court to sit for the examination again. An applicant who is granted permission to sit for the examination after the third attempt shall be required to pay the full essay examination fee on each subsequent attempt at the essay examination and the full MBE fee at each attempt at that examination. An applicant who has been unsuccessful in previous attempts at the examination may also be required to pay an additional fee, in an amount set by the Committee on Character and Fitness and approved by this Court, for updating the applicant's Character and Fitness application. An unsuccessful "examination" occurs whenever an applicant is awarded a fail status by the Board based upon combined MBE and essay scores.
7. Applicants who have successfully passed the Montana Bar Examination must, before being admitted to the Bar, have taken and passed the MPRE. A passing grade for Montana is a scaled score of 80 or more. MPRE examinations are prepared and graded on a national basis and are similar to MBE examinations in that they are multiple choice. The Law School at Missoula, Montana, is one of the many national testing sites. Examinations are given on specified dates at such sites during the months of March, August, and November of each year. Applicants are required to register with the National Conference of Bar Examiners and obtain an ID card prior to taking the examination. Prospective examinees should promptly contact the following office for application forms and information:
National Conference of Bar Examiners MPRE Application Department P.O. Box 4001 Iowa City, Iowa 52243 Phone: (319)337-1287
It is the applicant's sole responsibility to have his or her scaled MPRE score certified to the Clerk of the Montana Supreme Court. MPRE scores are valid for 3 years from the date of the examination.
Having passed the MPRE is not a condition precedent to taking the Montana Bar Examination, but is a condition precedent to being admitted to practice law in Montana.
8. Unsuccessful examinees may review their own essay examination results under the following rules for the sole purpose of determining educational or writing deficiencies and preparing for re-examination. Because of limited post-examination resources, successful examinees shall not be accorded the privilege of essay examination review.
(a) The examinee may obtain from the Court copies of his or her graded essay answers and copies of the essay questions and answer outlines used by the graders.
(b) Upon request, a Board member will be available to counsel with the examinee as to how he or she can possibly improve future examination results.
(c) Question reviews must be scheduled within 60 days after pass/fail results are announced — except with special permission of the Board member in question.
(d) MBE results are not available for review in Montana.
(e) Essay answers (Blue Books) will be destroyed by the Clerk of Court after 2 years unless litigation is pending as to a particular examinee.
9. The applicant to take the Montana Bar Examination should be prepared in the legal subjects listed in Section VIII 2b, upon which essay questions may be propounded by the Board.
10. Examples of past essay questions are available at the office of the Clerk of the Supreme Court at a duplicating cost. The Board may engage the professional services of law professors to prepare essay questions and answer outlines.
11. The Board may engage the services of active members of the State Bar of Montana to grade essay questions.
12. The applicant shall pay an examination fee of $350.00 to the Clerk of this Court promptly upon being advised of his or her certification as an approved applicant by the Committee on Character and Fitness. Payment shall be made by cash (if paid in person), or cashier's check or money order made payable to the Clerk of the Montana Supreme Court. Personal checks will not be accepted. One-half of such fee is refundable up until the date of the commencement of the examination if an applicant withdraws his or her application. If the examinee fails the examination, he or she may take one more essay examination without charge. Fees required by the National Conference of Bar Examiners for the MBE shall be collected by the Clerk of the Court. Fees paid for the MBE are not refundable.
SECTION IX. NOTIFICATION OF PASS/FAIL; ADMISSION CEREMONY
1. The Clerk of the Supreme Court will notify examinees by mail of the results of examination. Addresses and telephone numbers should be provided by the applicants. Successful examinees of the general bar examination who are also qualified for admission to practice by virtue of having passed the MPRE will be notified by the Clerk of the Court as to the time and place for the ceremony for their admissions to the State Bar of Montana.
2. The oath which shall be administered to all examinees prior to the commencement of the examination shall be:
OATH
I, (state your name), do solemnly affirm: That I am the person registered with the Clerk of the Montana Supreme Court, in my true name just recited, to take this examination:
That I will not ask for or accept any aid or assistance from any person or source in answering questions in this examination, nor provide any such assistance to any other examinee.
3. Certificate of Admission, Membership, and Fees.
(a) Before a successful applicant is recommended to the Supreme Court for admission to the Bar, the applicant shall pay the following fees:
1) $50.00 enrollment fee, payable to the Clerk of Court;
2) The annual attorney's license tax, payable to the Clerk of Court;
3) Appropriate State Bar fees, dues or assessments, payable to the State Bar of Montana.
(b) If the applicant fails to comply with subsection (a) and fails to appear for admission to the Bar within 6 months after being called to appear before the Supreme Court for admissions, the approval of his or her application shall be deemed withdrawn. The Supreme Court may reapprove such application upon a satisfactory showing of the qualifications of the applicant at the time he or she appears for admission to the Bar, or may grant an extension of the time for making appearance upon application based upon good cause.
(c) Each attorney admitted to the State Bar of Montana shall pay the annual attorney's license fee as provided by law. With the exception of attorneys who assume judicial office, when an attorney discontinues the payment of the annual license fee for 3 consecutive years, that attorney's name shall be removed from the list of persons authorized to practice law, and shall be restored to active practice only by an order of the Supreme Court of Montana which shall be based upon an application for reinstatement. In the exercise of its discretion, the Court may waive these requirements.
(d) Before the attorney's license is issued, each attorney admitted to practice must sign the roll of attorneys kept by the Clerk of the Supreme Court and must sign a form containing the following oath before a judicial officer of the state:
I do affirm:
I will support the Constitution of the United States and the Constitution of the State of Montana;
I will maintain the respect due to the courts of justice and judicial officers;
I will not counsel or maintain any proceedings which shall appear to me to be taken in bad faith or any defense except such as I believe to be honestly debatable under the law of the land;
I will employ for the purpose of maintaining the causes confided to me such means only as are consistent with truth and honor, and will never seek to mislead the judge or jury by an artifice or false statement of fact or law;
I will maintain the confidence and preserve inviolate the secrets of my client and will accept no compensation in connection with his business except from him or with his knowledge or approval;
I will be candid, fair, and courteous before the court and with other attorneys, and advance no fact prejudicial to the honor or reputation of the party or witness, unless required by the justice of the cause with which I am charged;
I shall faithfully discharge the duties of an attorney and counselor at law with fidelity to the best of my knowledge and ability;
I will strive to uphold the honor and to maintain the dignity of the profession to improve not only the law but the administration of justice, so help me God.
(e) At the formal swearing-in ceremony, the Clerk of the Supreme Court will give the following oath to the attorneys being admitted to practice:
I, (state your name), solemnly swear or affirm that I will support the Constitution of the United States, and the Constitution of the State of Montana, and faithfully discharge the duties of an Attorney and Counselor-at-law to the best of my knowledge and ability. I accept and will faithfully follow the rules of Professional Conduct promulgated by the Supreme Court of Montana, so help me God.
SECTION X. READMISSION OF INACTIVE MEMBERS
Readmission of inactive members to active status shall be by application in writing, verified by the petitioner, addressed to and filed with the Clerk of the Supreme Court. The Supreme Court shall enter such order as it deems appropriate based upon the application.
APPLICATION AND QUESTIONNAIRE FOR ADMISSION TO THE STATE BAR OF MONTANA
All statements are to be based on your own knowledge, unless the statement is expressly qualified to show the source of your information. Answer all questions and make your answers as specific as possible. If the space for any answer is insufficient, you may complete your answer on a separate attached sheet. Please have the answers typewritten if possible.
1. State
(a) Full name _______________________________________________________
Social Security # ___________________________________________________
Address _____________________________________________________________ (Street Number) (City) (State) (Zip)
Telephone ___________________________________________________________ (Home) (Office)
(b) Have you ever been known by any other name or surname? __________ If so state all names used and the places and times thereof. If a married woman, give maiden name.
_________________________________________________________________
(c) Date of birth ___________________________ Age ___________________
Birthplace ______________________________________________________ (City) (State)
(d) Are you a citizen of the United States? _____________ If claiming citizenship other than by birth in the United States, state the basis of such claim and exhibit proof. If Naturalized, state the date and name and location of the court with the Number of Certificate and the Petition number.
_________________________________________________________________
2. (a) State date of bar examination you wish to take. _________________
(b) Circle one: MBE and Essay MBE Only Essay Only
(c) I have/have not (circle one) taken the Multistate Bar Examination (MBE).
My scaled score was ________________. Date taken ________________
(d) If you have taken the MPRE and/or MBE, it is incumbent on you to promptly transmit your scaled scores to the office of the Clerk of the Supreme Court.
3. State every residence you have had since you were 18 or for the last five years, whichever is the shorter time.
From To Street No. City State Zip (Mo. Year) (Mo. Year)
4. Are you a resident of Montana? ___________; if so, on what date did you become such a resident? ____________________________
5. Parents: (if living)
Father ______________________________________________________________ (Name) (Address)
Mother ______________________________________________________________ (Name) (Address)
6. Have you been required by any court order to pay support, maintenance, or alimony payments? _____________ If yes, please advise the Committee of the status of your compliance with the support, maintenance, or alimony order, the address of the court where payment is made, and the last known address of your former spouse.
7. State all schools attended and indicate for each the information requested below:
(a) High School _____________________________________________________ (Name) (Location)
(b) College or University other than law study:
_________________________________________________________________ (Name) (Location)
Dates of Attendance: From __________ To ________________________
Degree _____________________________ School ____________________
_________________________________________________________________ (Name) (Location)
Dates of Attendance: From __________ To ________________________
Degree _____________________________ School ____________________
(c) Law Study: Law School Day or Evening
_________________________________________________________________ (Name) (Location)
Dates of Attendance: From __________ To ________________________
Law School Day or Evening
_________________________________________________________________ (Name) (Location)
Dates of Attendance: From _________ To ________________________
Degree _____________________________ School ____________________
Has this Law School been approved by the ABA at the date of your graduation? __________
8. Have you ever been disciplined, suspended, or expelled from any school or college? ________ If so, state facts fully.
9. Have you ever been a patient in any sanitarium, hospital, or mental institution for the treatment of a mental illness? ____________ If so, attach a statement giving full explanation, including name and address of doctor and institution. Explain the effect of your mental illness on your present or past ability to practice law.
10. Are you now, or have you ever been addicted to, or have you undergone treatment for, the use of narcotics or drugs or the excessive use of intoxicating liquors? _________ If so, attach a statement giving full explanation.
11. Have you ever had any physical disability or undergone treatment for any health problem having a bearing upon your fitness to practice law? _________ If so, detail the nature of the disability and treatment and whether such condition presently exists.
12. Do you intend to ask for any special consideration in taking the Montana Bar Exam pertinent e.g. to sight, reading, or other limitations? __________ If so, please present details and limitations.
13. Are there any unsatisfied judgments against you? _______ If so, list them giving names and addresses or creditors, amounts, dates and the nature of the judgment(s) and the reasons for nonpayment.
14. List all creditor's and/or student loans and indicate status, i.e. current, deferred, or delinquent.
Creditor Name, Address Zip Account # Date Date Repay Balance where repayment is made loan Incurred Begins/Began originates if different
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
15. (a) Have you, in your individual capacity, ever been a party to or had or claimed any interest in any civil proceeding? ____________ ________________
(b) Have you ever been charged with fraud, formally or informally, in any legal proceeding, civil or criminal or in bankruptcy? _______ _____________
(c) Have you ever been convicted of a felony or misdemeanor? ________
(d) Have you ever been adjudicated an incompetent person or an insane person by any court? ______________________
(e) Have you ever been sued or threatened with suit by the receiver, trustee, or other authority of any bankrupt estate, for unlawful preference, conspiracy to conceal assets, or any other fraud or offense, whether punishable by criminal law or not? _____________
GIVE FULL DETAILS for (a), (b), (c), (d), and (e), including dates, exact name and location of court, if any; case numbers and references to the court records, if any; and the facts regarding the disposition of the matter. If no court records are available, give to the best of your ability the names and addresses of all persons involved, including counsel. Include all such incidents no matter how minor the infraction or whether guilty of any, except for minor traffic violations.
16. Make a complete statement of all employment you have had, or business or occupations in which you have engaged since you were eighteen years of age, or for the last ten years, whichever is the shorter time span. Include temporary or part-time work, internships, legal practice, and current employment. State as to each employment, business, or other occupation:
(a) The periods during which you were so employed or engaged, with the exact dates.
(b) The exact addresses or the offices or places at which you were so employed or engaged and the names and present addresses of all such former employers, partners or associates in business, if any, and specify relationship.
(c) The nature and extent of your duties and/or practice.
(d) The reason for the termination of each employment, business, or other occupation.
17. Have you ever been discharged or disciplined for unsatisfactory conduct? _______________ Have you ever resigned from any employment after being told that your conduct or work was not satisfactory? ________________ If so, state facts fully.
18. (a) Are you now or have you ever been a member of the armed forces of the United States, including the National Guard or any of the reserve components? _______________ If yes, please enclose an official military document covering each period of active duty. (Report of separation, DD Form 214, or its equivalent) and list:
(1) dates or periods of active duty _____________________________
(2) branch of service ___________________________________________
(3) date of discharge ___________________________________________
(b) Have you ever been a defendant in any court martial? ____________
(c) If the answer to (b) is yes, please state the date, the nature of the charge, the facts, disposition of the matter, and the location and designation of the military establishment where such proceeding took place.
(d) Have you ever received a medical discharge or an administrative discharge? __________ If yes, please state the reason.
19. Have you ever held a bonded position? _____________ If so, specify the nature of the position, dates, amount of bond, bond number and whether or not anyone ever sought to recover upon your bond or to cancel the same. State facts fully including the name and address of the bonding company if any.
20. (a) Have you ever held a license, other than as an attorney at law, the procurement of which required proof of good character, i.e., certified public accountant, patent attorney, real estate broker, etc.? _______________ As to each license, state the date it was granted, the name and address of the issuing authority and the license number.
(b) State every other application presented and examination taken by you for a license granted by the state or for any official position, the procurement of which required proof of good character, EXCEPT APPLICATIONS FOR ADMISSION TO THE BAR. As to each application, state the date, the name and address of the authority to whom it was addressed, and the disposition made with reasons therefor. As to each examination, state the date and whether successful or unsuccessful.
21. State every application presented and examination taken by you for admission to the bar. This should include applications for reinstatement and any applications subsequently withdrawn. State as to each application, the date, the name and address of the authority to whom it was addressed, and the disposition made with the reason.
QUESTIONS 22 THROUGH 27 NEED BE ANSWERED ONLY BY ATTORNEY APPLICANTS
(If you are not answering questions 22 through 27, please complete questions 28 through end.)
22. If you have been previously admitted to the bar, state all jurisdictions and courts in which you have been admitted. Gives dates of admissions to practice.
(a) Jurisdiction (b) Court' (c) Date of Admission
23. Have you been entitled to practice in each of the locations specified under questions 23 and before each court continuously from the date you first became entitled until the date hereof? _______________ If not, state the dates during which you have not been so entitled, the nature of the disqualification, the facts, and the name and address of the person or body in possession of the record thereof.
24. Give the name and location of each bar association of which you are or have been a member.
25. Have you been disbarred, suspended from practice, reprimanded, censured, or otherwise disciplined or disqualified as an attorney or a member of any profession or organization, or holder of any office public or private? _________ If so, state the dates, the facts, the disposition of the matter, and the name and address of the authority in possession of the record thereof.
26. (a) Have you ever held a judicial office? ____________ If so, state where, when, offices held, and if terminated, the reasons therefor.
(b) Have you been disciplined as a result of charges or complaints filed against you while holding judicial office? _________ If yes, please state the date, the nature of the charge, the facts, disposition of the matter, and the name and address of the authority in possession of the records thereof.
27. State names and addresses of three persons in each locality where you have practiced law with whom you are personally acquainted, preferably other than those who submitted letters under Section V5c1 of the Rules for Admission.
Name Address Occupation Years Known
THE FOLLOWING QUESTIONS MUST BE ANSWERED BY ALL APPLICANTS.
28. Is there any other incident in your career, legal or otherwise, not hereinbefore referred to, having a bearing upon your character or fitness for admission to the bar? _____________ If so, give details.
29. Upon satisfying all of the requirements for admission to the State Bar of Montana, I hereby apply for recommendation to the Supreme Court for admission to practice law in the State of Montana.
___________________________ (Applicant)
AUTHORIZATION AND RELEASE
STATE OF ________________) _________________________) ss County of _______________)
I, _________________________________ born at _________________________ ____________, on _____________ having filed an application for admission to the bar of the State of Montana, hereby apply for a character report, and consent to have an investigation made as to my moral character, professional reputation and fitness for the practice of law, and such information as may be received, reported by the admitting authority. I agree to give any information which may be required in reference to my past record. I understand that the contents of my character report are privileged.
I also authorize and request every person, firm, company, corporation, governmental agency, court, association or institution having control of any documents, records and other information pertaining to me to furnish to the State Bar of Montana, Board of Bar Examiners, State Supreme Court, and their agents and representatives, any such information, including documents, records, bar association files regarding charges or complaints filed against me formal or informal, pending or closed, or any other pertinent data, and to permit the above-named persons or any of their agents or representatives to inspect and make copies of such documents, records, and other information.
I hereby request and authorize the Department of Defense to furnish to the above-named persons the record of each period of my service therein, and to furnish the character of service rendered for each period. My serial number was ____________________.
I hereby release, discharge, exonerate the State Bar of Montana, the Montana State Supreme Court, and the Board of Bar Examiners, their agents and representatives, and any person so furnishing information from any and all liability of every nature and kind arising out of the furnishing, disclosure or inspection of such documents, records, and other information or the investigation made by the above-named agencies.
I have read the foregoing document and have answered all questions fully and frankly. The answers are complete and are true of my own knowledge.
__________________________ Applicant
Subscribed and Sworn to or affirmed before me this _______ day of ________ 19__.
_______________________________ Notary Public for the State of ____________________________ Residing at: __________________ My commission expires: ________
ALL APPLICANTS MUST COMPLETE THE FOLLOWING AFFIDAVIT
STATE OF ________________) _________________________) ss County of _______________)
I, the undersigned applicant, being first duly sworn on oath, depose and say or affirm that:
1. I am the applicant named in the foregoing application;
2. I have read the Rules of the Supreme Court of the State of Montana dated ____________________ relating to the admission to practice law in Montana, and I make this application in accordance with those rules;
3. I fully realize that the determination of whether I may be allowed to practice law in Montana depends on the truth and completeness of my answers in this application and the information furnished with it;
4. I have read the foregoing application, and the answers which I have given are true and complete;
5. I understand that if I have furnished significantly false or incomplete information, my application may be summarily rejected. I also understand that my obligation to furnish complete and accurate information in connection with this application is a continuing one, and accordingly, should anything occur or be discovered between the time this application is submitted and the time I am admitted which would change or render incomplete any portion of the information furnished in or in connection with this application, I will promptly notify the Board of Bar Examiners of the discrepancy and furnish the necessary information to correct or complete my application;
6. I will give any further information which may be required in connection with my application;
7. I hereby authorize the Committee on Character and Fitness, Supreme Court of Montana, the Board of Bar Examiners, the State Bar of Montana or any agent or authorized representative thereof, to make a complete investigation of my character, financial responsibility and general fitness to practice law in Montana;
8. I hereby release and exonerate any person or organization supplying requested information, in connection with this application or the investigation or for furnishing information;
9. I understand that the information furnished in, and in connection with, this application is confidential and will not be disclosed to persons outside the Committee on Character and Fitness, Supreme Court of Montana, the Board of Bar Examiners, the State Bar of Montana, lawyer admissions offices of other jurisdictions, their agents, representatives or respective staffs, without my prior consent; and that such application is and shall remain the property of the Supreme Court.
________________________ Applicant
Subscribed and Sworn to or affirmed before me this ________ day of _______ 19__.
_______________________________ Notary Public for the State of ____________________________ Residing at: __________________ My commission expires: ________