THE SGPREIIE COUKS 0 :l i E S l h T E OF MONTA 1l KO. 06-0163 AF .. . .~ , ,. ,, >z~trr~ . '' .;ir IN RE REVISION OF ?'IiE RULES FOR ::., KT~&!+: <;r 1 On October 27, 2006 Scott Burnham. Chair of the Montana Coinmission of Continuing Legal Education (C1,E) petitioned this Court to adopt the Lhllo~ing change to the Rules for Continuing Legal Education, as amended in 2001. Specifically, Mr. Burnham's Petition proposes that Rule 4.4 be amended as follo~%s: RULE 4. EVUCATION REQUIRERMENTS, EXEMPTIONS. AND EXTENSIONS A. Active Member Minimum Continuing Legal Education Requirement: Every three years, each active member must complete a minimum of five (5) credit hours in ethics. Ethics means the accepted principles of professional conduct and responsibility as es?abiished by the Montana Rules olProfessional Conduct. Ethics credits may be used to fulfill the 15 credit hours of required continuing legal education. Ethics credits may not be carried fonvard to subsequent 3-year reporting periods. Of the five (5) credit hours in ethics, one hour must be satisfied by a program on the relationship betureen a law~er's professional responsibilities and substance abuse, chemical dependency, debilitating mental conditions. The underlined language is added to the existing language of the Rule. Mr. Burnham's Petition states that the amendment of the Rule is appropriate because the State Bar of Montana (Bar) is making a proactive effort to address problems of substance abuse: chemical dependency and debilitating mental conditions amongst its members. These efforts include establishing a iamyer assistant program with a full-time director. The CL,E believes that mandatory continuing legal education has an important contribution to make in furthering the Bar's effitrts. Mr. Burnham also points out that past and present disciplinary counsel advise that many if not most lawyers who become involved in the disciplinary system have problems with substance abuse, chemical dependency or debilitating mental conditions. Accordingly, it is appropriate to educate lav3-ersabout lai+yerassistance programs and their ethical duties to clients m-hen a colleague is impaired. Having considered Mr. Burnham's Petition and the important purposes which would be served by the amendment of the nile, and good cause appearing: IT IS HEFEBY ORDERED that Rule 4A of the Rules for Continuing Legal Education is amended in the foregoing respects; effective April 1,2007. With the exception of the paragraph amended, all other provisions of Rule 4 remain in full force and effect without amendment. IT IS FURTHER ORDERED that the Clerk of this Court shall give notice of this Order to Scott Burnham, Chair of the Montana Commission of Continuing Legal Education; to Chris Manos, Executive Director of the State Bar of Montana with the request that a copy of this Order be published in the next available issue of the h-fontana Lawyer and posted to the State Bar of Montana's website; and to Gregory J. Petesch, Code Comtnissioner. L ! of November, 2006.