iK 'l'iif %IATTI)R 01: KL:VISl"iG 

'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 (OK) 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 

it. 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 ?'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 
B, Powers and Duties. cipi Counsel <hail perform ail 

prilsecutoriai iiinciions and shall have the foi!o;uing pouers and duties: 

(I j Supcriise Oficc of Biscip!inary Counsel (Office) stcifl' in performing 

central intake iirneiions: 

(2) Evaluaie all informalion coming to the ntte:ltion (ji' Ihc Ofiliice io 

determine wlierher it is viithin thc discip!inary jurisdiction ofthc Coi:rt: 

(3 j int.csti~v'~tc ail infor~natiori corning to the at:cniion OF tlic Office which, 

if' true, would be grounds to 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 

fkts 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~ble and serve on the la~vyer an 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~nanent records of discipline and disabiiity matters and 

compile statistics tit aid in the administration of the system; 

(15) Prepare an annual budget hr the Office and submit it to rhc Gew&w 

+Board of Tr~~stees ofthe State Bar of Montana [or review; 

(16) Make reasonahle and necessary expenditares pursna~~t to the a~~vwi! 

reviewed budget to perfbr~n thc duties ofthe Office; 

(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~mse1 shall nor have authority lo . . relider advisory opinions: either orally or in .t-rit~ngt, or to irnpose any form 

ofdisciplinr: on a la!\-:;cr. 

Stricken langaage is deleted and underlined language 1s added. 

IT IS FliRTIIER ORDERED that this Order is cffccii-~e as oftlie date hcrcoi' 

I1 IS 1;UK'I TIER OR1)BIUII) that the Clerk of this Court gix. e notice of this Order 

to Shaun R. Tli:>mpson, Discipiinarq Counsel: to Cqnthia Sm~th, Chair of the Board of 

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 ~~ebsite: and to 

Gregory J. Petesch, Code Commissioner. 

kh Dated this -3- __day of Novenlber 7006