RULES FOR LAWYER DISCIPLINARY ENFOR

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i 'l'iif %IATTI)R 01: KL:VISl"iG K 'I'Iiil RIJl,I',S FOR L.AWYI:R DISCli'i,iWAI<Y I:NI:C)RCI:hil:NI' On September I I , 2006, Shaun I<. Thompson, I>isciplinary Counsel, Office of Disciplinary Counsel ( O K ) petitioned this Court to adopt changes to the Rules for Lawyer Disciplinary Enforcement (2002) (liI.1)11 (2002)). Mr. 71'hon~pson states the Rule 5B(15). IUI3L: (2002) requires 1)isciplinary Counsel to "[plrepare an annual budget ibr the [ODC] and submit it so [this Court] fbr appro\:al."' Mr. 7hompson correctlq obsenres that this Court 1\21 no longer be appro~ing the budget of the ODC. Iiather. in the summer of 2006, ODC and the State Bar of Montana (Bar) entered into a hlenorandtim of tjndcrslanding regarding their respccti~e obligations L\ ith respcLt to the prcpara~ion, approla1 and submission of ODC's budget. I'he proposed damcndinenls to Kill; 5B(15) are ncccssarj ta corrform the Ruie to the neu budgetary procedure. On Oclobcr 26, 2006 the 13oard of l rustces of the State Bar of Montana (Board) filed its response and cornmcilts to Mr. Thompson's Pctition and is in suppori of the same. Therefore. IT IS ORL?LR1:I) that Ruie 5. RI,I>1; (2002) is amendcd to rcad as follo\%l.': RULE 5-OFFICE OF UISC4f LIhARY COUNSEL Appointnrent. The Court shall appoint a lawyer !o serve as Chief Disciplinary Counsel and may appoint such Deputy iiiscipiinary Counsels as they deem necessary. Disciplinary Counsel shall not engage in private practice; shall be admitted to practice in Montana at the time of appointment or within a reasonab!e time thereafier as determined by the Court; and shall maintain offices iri Helena. Montana. in facilities designated by the Court, i. t ?'he Courtt suu .spon/e, noted scvcral clcrical errors in the Rule at subparagraphs (51, (i9), and C. and correcred those herein, as \veil. 1 I B, Powers and Duties. c i p i Counsel <hail perform ail prilsecutoriai iiinciions and shall have the foi!o;uing pouers and duties: ( I j Supcriise O f i c c of Biscip!inary Counsel (Office) stcifl' in performing central intake iirneiions: (2) Evaluaie all informalion coming to the ntte:ltion (ji' Ihc Ofiliice i o determine wlierher it is viithin thc discip!inary jurisdiction ofthc Coi:rt: (3 j int.csti~v'~tc infor~natioricorning to the at:cniion OF tlic Office which, ail if' true, would be grounds t o ciiscipiine or trarisikr to tii:;abilitj!'iriactii.c status: (3) Imestigate all facts pertaining lo petitions foi reiilstareinent or reatllnission; ( 5 ) Dismiss the i:sformatio:l if true, would not constitute misconduct or incapacity; or reconlmcnd discipline; (6) Prosecute before fieview Panels, Adjudicatory Panels and the Court, discipline. interim suspension, reinstatement and readmission proceedings, and proceedings for transfer to or from disabi1ity:inactive status; (7) Employ and supervise Office staff needed for the performance of prosecutctria! fiinctions and. when circumstailces necessitate their use, appoint aiid supervise special investigators and volunteer special counsel; (8) Notify promptly the conlplainant and the laxvyer that an investigation is to be initiated by 1)iseipIinary Counsel or, where Disciplinary Courisel dismisses, provide a co:lcise written statement of the facts and reasons a matter has been disn~issed; (9) I3eve!op written guidelines for determining which matters hi! to allege f k t s that would constiiute grounds for disciplinary action; (!O) Request the Clerk of the Supreme Gourk to notify each jurisdiction in which a lawyer is adlilittcd of a transfer to or from disabilits./inaciiw status, reinstatement; readmissicm or any public discipline imposed in this state; (1 1) Whenever costs have been assessecl against a lawyer by the Supreme Court, asscn~bleand serve on the la~vyeran itemized list of the costs of proceedings, investigations and audits; (12) Seek reciprocal discipline when informed of airy public dist:ipiine imposed in any other jurisdiction; (13) Fortyard a certified copy of the judgrncci. of conviction to the disciplinary office in each jurisc!iction in which a lawyer is admitted when the lawyer is convicted of 2% serious crii~le(as hereinafier defined) i : ~this state; (14) Maintain per~nanentrecords of discipline and disabiiity matters and compile statistics tit aid in the administration of the system; (15) Prepare an annual budget h the Office and submit it to rhc Gew&w r +Board of Tr~~stees ofthe State Bar of Montana [or review; (16) Make reasonahle and necessary expenditares pursna~~t the a ~ ~ v w i ! to reviewed budget to perfbr~n duties ofthe Office; thc (17) Supervise and direct Offkc staff and operations: !lXI Prepare and submit to the Court recommendaiicns concerning the annual assessment of i3iir Members: and (19) Make recommendations to the Cotid about tile lav\-);er regu!at.tion svsvem, C. Prohibited Activities, iliscipiinary S.o~mse1shall nor have authority lo .. relider advisory opinions: either orally or in .t-rit~ngt, to irnpose any form or ofdisciplinr: on a la!\-:;cr. - Stricken langaage is deleted and underlined language 1s added. IT IS FliRTIIER ORDERED that this Order is cffccii-~e oftlie date hcrcoi' as I1 IS 1;UK'I TIER OR1)BIUII) that the Clerk of this Court gix. e notice of this Order Chair of the Board of to Shaun R. Tli:>mpson, Discipiinarq Counsel: to Cqnthia Sm~th, Trustees of the State Bar of Montana: to Chris Ivlanos. Executi\e Director of the State Bar of Montana with rhe request that this Order be publislzed in the next a\ai!able issue of the ,\fonturza Law?eu and be posted to the Statr: Bar of Montana's ~ ~ e b s i t e : to and Gregory J. Petesch, Code Commissioner. Dated this kh -3- of Novenlber 7006 __day

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