IN RE THE RULES FOR ADMISSION TO THE BAR OF MONTANA ( 2020 )

ORIGINAL 07/17/2020 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: AF 11-0244 AF 11-0244 FILED IN RE RULES FOR ADMISSION ORDER JUL 1 7 2020 TO THE BAR OF MONTANA Bowen Greenwood C.lerk of Supreme Court State of Montana On June 17, 2020, the Court adopted Temporary Rules for Admission to the Bar of Montana. The Court now proposes to amend Section F(2) to remove the requirement for a supervising lawyer to be personally present during proceedings in which a defendant has the right to counsel. We have determined that the bench and bar of the State of Montana should be provided an opportunity to cornment thereon. The proposed change is as follows: F. Authorized Scope of Practice Subject to the limitations described infra, a person provisionally adrnitted to the Montana Bar may appear in courts of record, administrative tribunals, arbitration hearings, and other judicial and quasi-judicial proceedings in all civil and criminal rnatters. 1. In civil cases in any court or tribunal, the person on whose behalf an appearance is being made must consent to the supervising attorney's absence. 2. In any criminal matter in which the defendant does not have the right to counsel under a constitutional provision, statute, or rule of this court, the supervising attorney is not required to be personally present in court. However, if the defendant has the right to counsel, the supervising provisionally admitted lawyer must be personally present throughout the proceedings comply with the disclosure requirements of Section E(3) and must orally advise the court at each appearance that he or she is certified to appear pursuant to this rule. IT IS ORDERED that all members of the bench and bar of Montana and any other interested persons are granted 14 days from the date of this Order in which to file with the Clerk of this Court appropriate cornments and/or suggestions to the proposed arnendrnent to the rule as indicated above. IT IS FURTHER ORDERED that this Order shall be posted on the websites of the Montana Supreme Court and the State Bar of Montana. The State Bar of Montana is further requested to give notice of this Order in the next available issue of the Montana Lawyer. IT IS FURTHER ORDERED that the Clerk of this Court shall provide to each District Court Judge, each Clerk ofthe District Court, the Montana State Law Library, and the State Bar of Montana a copy ofthis Order with a request that each Clerk ofthe District Court make the Order available for public review in the Office of the Clerk of the District Court. Dated this day of July, 2020. For the Court, Chief Justice 2