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IN THE SUPREME COURT OF THE STATE OF MONTANA PR 06-0422
IN RE PETITION OF KATHLEEN L. SMITHGALL 

# FILED JUN 1 5 2021 O R D E Greenwood

Clerk of Supreme Court State of Montana 

### Kathleen L.Smithgall has petitioned for 1)leave to file a late application to sit for the July 2021 Montana Bar Examination,2)waiver ofthe three-year test requirement for the Multistate Professional Responsibility Examination (MPRE), and 3) for temporary admission pending her taking ofthe bar exam. Smithgall is seeking to work as an Assistant Solicitor General in the office ofthe Montana Attorney General,and is currently working as a law clerk to the Solicitor General. Smithgall received an offer ofemployment in that office after the registration deadline for the July 2021 administration ofthe Montana Bar Exam. Previously, Smithgall petitioned for either waiver ofthe bar admission requirement that an applicant shall have passed the UBE within three years for purposes ofadmission upon transfer,or granting oftemporary or provisional admission pending completion ofthe process of admission upon motion. Under the Rules ofAdmission,the Courtwas unable to grant either request,and denied the petition. See In re Petition of Kathleen L. Smithgall,Order,May 25,2021. This petition establishes good cause for subniission ofa late application to sit for the July 2021 exam. However,it is the Court's understanding, informally confirmed by the State Bar, that it is now too late for an applicant to complete the administrative prerequisites to qualify for the July 2021 testing. Ifthat is correct,Smithgall would not be able to qualify to take the exam until the administration in February 2022. We have granted temporary or provisional admission to qualified applicants pending their passage ofthe bar exam. Aswe explained in Petition of Gosch,"Nemporary admission until sitting for the bar exam may be appropriate in circumstances where a candidate does not qualify for admission on motion or for transfer of a UBE score." Petition ofGosch, 07-0303, March 7, 2016. As Smithgall notes, we granted temporary admission to the previous Solicitor pending his passage ofthe bar exam. In the Matter of 06/15/2021

Case Number: PR 06-0422the TemporaryAdmission to Practice ofDale Schowengerdt,07-00303,October 29,2014.

David M.S.Dewhirst, Solicitor General,has submitted an affidavit in which he states that granting temporary admission to Smithgall would advance the interests ofthe State, and that he would supervise Smithgall's work pending permanent admission. As explained above, it is possible that Smithgall will not be able to sit for the bar exam until February 2022,and thus would require temporary admission until then. While this is a significant amount oftime,Smithgall is in the uniqueposition,explained in ourprevious order,ofnot being able to qualify under the Rules for admission either by scoretransfer or upon motion until December of2022. Smithgall has established good cause for temporary admission until taking the bar exam,whether in July 2021 or in February 2022. Lastly, Smithgall requests waiver of the three-year test requirement for the Multistate Professional Responsibility Examination (MPRE). By rule, applicants for admission upon examination must provide evidence of the requisite score on an MPRE taken within three years of sitting for the Montana bar exam. Rule VII.A.3, Rules of Admission. According to the petition, Smithgall passed the MPRE in 2016,has practiced since December 2017, and "at no time has Petitioner faced any disciplinary or ethical issues." Smithgall has established good cause for waiver. Therefore, IT IS ORDERED that the Petitioner's request for leave to submit a late application to take the Montana Bar Examination in July 2021 is GRANTED. However,taking the
exarn at that administration is subject to the timely cornpletion ofall exam prerequisites. IT IS FURTHER ORDERED that the request for waiver of the three-year test requirement for submission of a prior UBE score in conjunction with Petitioner's admission by examination is GRANTED. IT IS FURTHER ORDERED that the request for temporary admission to the State Bar ofMontana pending Petitioner's taking ofthe bar exarn in July 2021 orFebruary 2022 is GRANTED. The Clerk ofthis Courtwill adrninistertheusual oath and issue a temporary certificate granting Petitioner permission to practice law. This admission applies only
2while Petitioner is employed with the Office of the Attorney General, which shall notify

the Court ifPetitioner ceases to be employed by that office. The Clerk is directed to provide copies ofthis order to Petitioner and to the State Bar ofMontana. DATED this )5

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Jay ofJune, 2021.

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