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