IN THE SUPREME COURT OF THE STATE OF MONTANA 

No. 12616 

------------- 

Re: THE UNIFIED BAR OF MONTANA 

....................... JAN251975 

ORDER ....................... 

PER CURIAM: 

The following order implements Unification of the Bar of 

Montana; adopts a constitution and by-laws; and, provides an 

implementation schedule. 

Previously this Court rendered an order and opinion dated 

December 17, 1973, ordering unification of the Bar of the state 

of Montana. Subsequently, on February 1, 1974, the Court appointed an organizational committee to draft a proposed constitution, by-laws, and an implementation schedule for the unified 

Bar. Such committee made its report and this Court entered a 

further order on July 11, 1974, characterizing the committee report as generally agreeable, but calling for further consideration 

and recommendations in specific areas with a resulting change 

in the implementation schedule. 

As a result of the further study ordered, the committee filed 

a supplemental report on September 3, 1974. The Court hereby approves the supplemental report but of necessity, caused by this 

court's volume of work, an amended implementation schedule is 

herein set forth. Additionally, a second supplemental report by 

the Court's committee was filed on December 16, 1974, making 

further recommendations for amendments to the proposed by-laws to 

provide (1) for a client indemnity bond in Article XI, and (2) 

in Article I, Section 4 authorization to impose an assessment upon 

the members to provide funds necessary to pay the premium for the 

indemnity bond. Such recommendations are adopted and incorporated 
hereinafter. 

The following Constitution of the State Bar of Montana is 

adopted : 

CONSTITUTION 

OF THE 

STATE BAR OF MONTANA 

ARTICLE I 

NAME 

The name of the association is the State Bar of Montana. 

ARTICLE I1 

ORGANIZATION 

All persons admitted to the practice of law in the state of 

Montana are members of the State Bar of Montana. All such persons 

except judges of courts of record and those allowed inactive 

status by the by-laws, are active dues paying members. Membership in the State Bar of Montana is a condition to practicing 

law in this state. Non-payment of membership dues and assessments 

shall result in suspension of membership and the right to practice 

law until payment of all dues, assessments and penalties in the 

manner provided in the by-laws. 

ARTICLE IT1 

PURPOSES 

The purposes of the State Bar of Montana are to aid the courts in 

maintaining and improving the administration of justice; to foster 

and maintain and require on the part of those engaged in the 

practice of law high standards of integrity,l&aming, competence, 

public service, and conduct; to safeguard proper professional 

interests of members of the bar; to encourage the formation, maintenance, and activities of local bar associations; to provide a 

forum for the discussion of and effective action concerning subjects pertaining to the practice of law, the science of jurisprudence and law reform, and relations of the bar to the public; 
to providk for the continuing legal education of members of the 

bar; and to insure that the responsibilities of the legal profession 

to the public are more effectively discharged. 

ARTICLE IV 

POWERS 

The State Bar of Montana may sue and be sued, enter into contracts 

and acquire, hold, encumber and dispose of real and personal property. 

ARTICLE V 

LOCATION OF OFFICES 

The principal office and place of business of the association 

shall be in Helena, Montana, but the Board of Trustees may authorize 

offices to be located at other places within the state of Montana. 

ARTICLE VI 

OFFICERS 

Officers of the State Bar of Montana shall include a president, 

president-elect, a secretary-treasurer and a chairman of the Board. 

The duties, powers, qualifications, nomination and election of 

officers shall be provided for in the by-laws. 

ARTICLE VII 

BOARD OF TRUSTEES 

The State Bar of Montana shall be governed by a Board of twenty 

trustees, sixteen of whom shall be elected and four of whom shall 

be the President, the President-Elect, the immediate past President 

and the Secretary-Treasurer. The duties and powers of the Board and 

the qualifications, nomination and election of the sixteen elective 

members shall be provided for in the by-laws. 

ARTICLE VIII 

EXECUTIVE COMMITTEE 

The Board of Trustees shall provide for an Executive Committee consisting of the President, President-Elect, the immediate past 

President, the Secretary-Treasurer, the Chairman of the Board of 

Trustees and four additional members of the Board of Trustees who 

shall be elected by the Board. The powers and duties of the Executive Committee shall be provided for in the by-laws. 
ARTICLE IX 

ANNUAL MEETING 

There shall be an annual meeting of the members of the State Bar 

of Montana at such time and place as is designated by the Board of 

Trustees, and such other meetings as may be provided in the by-laws. 

ARTICLE X 

DISSOLUTION 

Upon the dissolution of the association, the Board of Trustees 

shall after paying or making provision for the payment of all its 

liabilities, dispose of all of the assets of the association 

exclusively for the purposes of the association in such manner, 

or to such organization or organizations organized and operated 

exclusively for charitable, educational, religious, or scientific 

purposes as shall at the time qualify as exempt organization or 

organizations under the Internal Revenue Code of 1954 as the Board 

of Trustees shall determine. Any of such assets not so disposed 

of shall be disposed of by the district court of the county in which 

the principal office of the association is then located, exclusively 

for such purposes or to such organization or organizations, as said 

court shall determine, which are organized and operated exclusively 

for such purposes. In the event of dissolution of the association, 

no member shall be entitled to any distribution or division of its 

remaining property or its proceeds. 

ARTICLE XI 

AMENDMEW 

Proposals for amendment or abrogation of provisions of this 

Constitution may be presented to the Supreme Court by (i) petition 

of the Board of Trustees; or (ii) petition of a regularly called 

meeting of the members of the association in respect to changes approved by a vote of a majority of members present. 

ARTICLE XI1 

EFFECTIVE DATE 

This Constitution shall be effective on March 1, 1975. 
The following by-laws of the State Bar of Montana are adopted: 

BY-LAWS OF THE STATE BAR OF MONTANA 

ARTICLE I 

MEMBERSHIP 

Section 1. Persons included in membership. The membership of the 

State Bar initially shall consist of all those persons who on the 

effective date of the Constitution of the State Bar are licensed to 

practice law in this state, and after such effective date shall 

also include those persons who become licensed to practice law in 

this state; subject in each case to due compliance with the conditions and requirements of membership. Residence in the state of 

Montana shall not be a condition of eligibility to membership in 

the State Bar. 

Section 2. Enrollment. Every person who becomes licensed to 

practice law in this state shall enroll in the State Bar by signing 

and filing in the State Bar office within ten days after admission 

to practice, a registration card containing the registrant's: 

Full name. 

Residence address. 

Office address. Location of principal office. 

Date of admission to practice in Montana. 

Date of admission to practice in any state or states 

other than Montana . Date and place of birth; and in the case of a naturalized 

person the date and place of naturalization. 

Name of law school and year of graduation. 

Social security number. 

Every change after enroUmnt in respect of any of the matters 

above specified shall be promptly reported to the State Bar offices. 

Communications from the association to any member shall be sent 

to the latest address furnished by such member, 

Section 3. Classes of membership, 

(a) The members of the State Bar shall be divided into three 

classes known respectively as "active" members, "judicial!' members 

and "inactive" members. The class of active members shall include 

all members of the State Bar except the judicial members and inactive 

members. Judges of courts of record, and retirsd~i judges who are 

eligible for temporary judicial assignment and are not engaged in 

the practice of law shall be classed as judicial members. The class 
of inactive members shall include those persons who are eligible for 

active membership but are not engaged in the practice of law and 

have filed with the secretary of the association written notice 

requesting enrollment in the class of inactive members. 

(b) Only active members may practice law. No individual other 

than an enrolled active member of the State Bar shall practice in 

this state or in any manner hold himself out as authorized or 

qualified to practice law. 

(c) Only active members may hold office or vote in any election 

conducted by the State Bar. 

(d) Any inactive member in good standing and any judicial 

member who is no longer serving in a judicial office may change his 

classification to that of an active member by filing with the State 

Bar office a written request for transfer to the class of active 

members and by paying the dues required of active members. No 

inactive member who has not actively practiced law in this state 

or in another state during the last ten years shall be transferred 

to active membership until the transfer shall be approved by the 

Supreme Court except a judicial member who is no longer serving 

in a judicial office shall be classified as an active member upon his 

written request. 

(e) No judicial or inactive member shall practice law in this 

state or shall hold office or vote in any election conducted by 

the State Bar. No person engaged in the practice of law in this 

state in his own behalf or as an assistant or employee of an active 

member of the State Bar, or occupying a position the duties of 

which require the giving of legal advice or service in this state, 

shall be enrolled as an inactive member. 

Section 4. Membership dues. 

(a) Annual dues for each active member who has been admitted to 

practice in this state three years or more prior to the commencement 

of the fiscal year for which dues are payable, shall be $40.00. 

For all other active members, the annual dues shall be $25.00 except 

that the dues for those admitted to practice in this state for less 

than one year shall be $5.00. All active members shall pay, in 
addition to membership dues and at the same time, an assessment 

of $10.00 for the client security fund, and an additional per 

capita assessment for premiums for a client security indemnity 

bond in such amount as shall be agreed upon between the Board of 

Trustees and a bonding company. All dues and assessments paid for 

the client security fund shall be paid to the State Bar. The dues 

shall constitute a fund for the payment of the expenses of the 

association. The payment made for the client security fund and 

indemnity bond shall be used for that purpose only. Dues are in 

addition to the annual license fee paid to the Clerk of the Supreme 

Court. 

(b) The date for the payment of dues and assessments shall 

be July 1 of each year. The State Bar office shall mail statements 

of dues and assessments not less than thirty days prior to the due 

date to all members. A second notice shall be sent by certified 

mail return receipt requested to any member whose dues or assessments 

remain unpaid for sixty days after the due date. The second notice 

shall specify that said member will be suspended unless his dues 

and assessments are paid within thirty days from the date of mailing 

of such notice. The membership of any member who-does not pay 

his dues and assessments within thirty days from the date of mailing 

of the second notice shall be suspended. No person whose membership 

is so suspended for non-payment of dues and assessments shall 

practice law during the period of such suspension. 

(c) Dues first year of admission. When a person is first 

admitted to practice law in Montana he shall pay membership dues 

and assessments for the full fiscal year in which such admission 

occurs. 

(d) Penalty for non-payment of dues and assessments. 

(i) The names of all members suspended from membership for 

non-payment of dues or assessments shall be certified by the Executive 

Director to the Clerk of the Montana Supreme Court, to each judge of 

a court of record in this state, to the Clerks of the Federal 

District Courts for the state of Montana, to the Clerk of the 9th 

Circuit Court of Appeals and to the Clerk of the United States Supreme 
Court after twenty (20) days written notice of intent to certify 

is sent to each suspended member by certified mail, return receipt 

requested. 

(ii) Whenever a member so suspended for non-payment of 

membership dues or assessments makes full payment of the amount 

owing, and in addition thereto the sum of $20.00 for each delinquent 

payment of annual dues or assessments in arrears, he shall be reinstated as a member and the fact of such reinstatement shall be 

certified by the Executive Director to all parties to whom notice 

of suspension was sent. However, in the case of any person whose 

membership dues or assessments are in arrears for a period of 

three or more consecutive years, no application for reinstatement 

shall be granted unless ordered by the Montana Supreme Court. In 

case of hardship the Board of Trustees may order waiver of dues, 

assessments, or penalties. 

(e) Voluntary resignation of membership. Whenever a member 

files with the State Bar office a written notice of such member's 

surrender of his license to practice law and the acceptance by the 

Supreme Court of his resignation in the State Bar, such person 

shall thereupon cease to be a member of the State Bar, and his name 

shall be removed from the membership register. 

ARTICLE I1 

OFFICERS 

Section 1. Titles, terms, qualifications. 

(a) The officers of the State Bar shall be a President, a 

President-Elect, a Chairman of the Board of the Board of Trustees, 

and a Secretary-Treasurer. Only active members of the State Bar 

residing and practicing law in Montana shall be eligible to serve 

as and vote for officers of the association. The term of office 

of the President, President-Elect and Chairman of the Board of 

Trustees shall be one year. The term of the Secretary-Treasurer 

shall be two years. The term of each officer shall run until the 

qualification of his successor. 
(b) The President-Elect shall at the expiration of his term 

as President-Elect succeed to the Presidency of the State Bar. 

(c) Any active member who is a resident of Montana and 

practices law in this state may be nominated as a candidate for 

President-Elect or Secretary-Treasurer by a petition signed by not 

less than twenty-five members. Nominating petitions shall be filed 

with or mailed to the State Bar of Montana at least sixty days 

before the election date specified by the Board of Trustees. In the 

event that no member shall be nominated as President-Elect or 

Secretary-Treasurer, the Board of Trustees shall nominate one or 

more qualified candidates for such offices. Election of the 

President-Elect and Secretary-Treasurer shall be by secret ballot 

of all active members and the candidate receiving the greatest 

4 

number of votes cast shall be elected. The mailing, return and 

canvass of the ballots shall be conducted in the same manner as 

provided for the election of Trustees. 

(d) A Chairman of the Board of Trustees shall be elected by 

the Board from its elected members at the time of the annual 

meeting of the Association. He shall assume office at the conclusion of the annual meeting. 

Section 2. Duties of officers, 

(a) President. The president shall be the chief executive 

officer of the association. He shall be a member-at-large of the 

Board of Trustees and a member of the executive committee. He 

shall preside at all meetings of the association and of the executive 

committee. He shall make the appointments to, and designate the 

chairmen of all standing committees; create and appoint special 

committees; and be a member, ex-officio, of every committee. 

(b) President-Elect. The President-Elect shall be a member-atlarge of the Board of Trustees and the executive committee; and he 

shall perform all other duties assigged to him by the President or 

Board of Trustees. 

(c) Chairman Board of Trustees. The Chairman of the Board 

shall be a member of the executive committee. He shall preside at 
all meetings of the Board of Trustees. He shall perform the duties 

of the President in the absence or disability of the President, and 

in the event of a vacancy in the office of President, he shall 

assume that office for the unexpired term. 

(d) Secretary-Treasurer. The Secretary-Treasurer shall be a 

member-at-large of the Board of Trustees and a member of the executive committee. He shall confer with the Executive Director and 

the administrative staff of the State Bar as to 

(i) The keeping of proper minutes and records. 

(ii) The maintenance of correct embers ship files and mailing 

lists. 

(iii) The general operation of the headquarters office. 

(iv) The methods and procedures used in the receipt, 

collection and safe-keeping of all funds of the State Bar. 

(v) The procedures for disbursement and audit of such funds. 

The Secretary-Treasurer shall assist the executive committee in 

preparing the annual budget and in presenting it to the Board of 

Trustees and make recommendations to the Board of Trustees as to the 

association's affairs, as required. 

Section 3. Compensation. The officers of the association shall 

receive no compensation for their services, but shall receive reimbursement of their expenses as may be authorized and directed by the 

Board of Trustees. 

Section 4. Commencement of term of office. The terms of all out-going 

officers of the association shall end and the terms of their successors shall commence at the conclusion of the annual meeting. 

ARTICLE I11 

BOARD OF TRUSTEES 

Section 1. Composition of Board. The affairs of the association 

shall be managed and directed by the Board of Trustees consisting 

of the three officers of the association and the immediate pastpresident of the association, all of whom shall be members-at-large 

of the Board, and sixteen members from the areas hereinafter designated. The rights and powers of the members-at-large of the Board 
shall be the same as those of elected members. The Dean of the 

School of Law of the University of Montana, the Montana State Bar 

Delegate and the state delegate to the House of Delegates of the 

American Bar Association, President of the Montana Trial Lawyers 

Association or his designee, President of the Montana County 

Attorneys Association or his designee, and a Montana licensed lawyer 

designated by the Young Lawyers Section shall be entitled to floor 

privileges, but without a vote. 

Section 2. State Bar areas. For the purposes of conducting elections 

of the members of the Board of Trustees, the state is divided into 

the following areas, ,, .with members of the Board to be elected 

from each area by the active members of the bar in such area: 

- Area 

A 

Total Trustees By Judicial District 

Fourth, 

Eleventh 

Second 1 

Third & Fifth 1 

Eighth & Ninth 2 

Twelfth, Fifteenth, 

& Seventeenth 1 

First 2 

Sixth & Eighteenth 1 

Tenth & Fourteenth 1 

G 3 Thirteenth 3 

H 1 Seventh & Sixteenth 1 

Section 3. Term-Qualifications-Nomination-Election. 

(a) The term of office of each elected member of the Board of 

Trustees shall be two years, except that trustees from Areas A, By 

C and D chosen in the first election under these by-laws shall serve 

for only one year. The term of office shall commence at the conclusion of the annual meeting of the association next following his 

election. No person shall be eligible to vote in an area for trustee 

or to serve on the Board of Trustees from an area unless he is an 

active member of the association and practices law and resides in 

such area. The eligibility of any person to serve as a member of the 

Board of Trustees from any State Bar area shall be contingent upon 

his maintaining his practice of law and residence in such area. 
(b) Nomination of each candidate to be elected to the Board 

of Trustees shall be by petition signed by ten active members 

residing in the candidate's area. Nominating petitions shall be 

filed with or mailed to the State Bar office at least sixty days 

before the election date specified by the Board of Trustees. In 

the event there is no petition to fill the office of Trustee in 

any area, the Board of Trustees shall nominate a qualified candidate or candidates for such office or offices. The Executive 

Director shall mail written ballots containing the nominations for 

the office of Trustee for each area to every member residing in such 

area not less than thirty days before such election date. Such 

ballots, in sealed envelopes, signed by the member, shall be mailed 

to the Executive Director not less than ten days before the specified 

election date. A committee of not less than three members appointed 

by the President shall canvass the votes and record the votes thereof. 

The candidates receiving the greatest number of votes cast in each 

area shall be declared elected, 

Section 4. Powers and Functions, 

(a) The Board of Trustees shall have general charge of the 

affairs and activities of the association. It shall: 

(i) Fix the time and place of the annual meeting of 

members of the association. 

(ii) Fix the date of election of officers and trustees. 

(iii) Make appropriations and authorize disbursements from 

the funds of the State Bar in payment of the necessary expenses of 

the association, its officers and committees. 

(iv) Cause proper books of accounts to be kept and to 

procure an annual audit thereof by a certified public accountant 

(a copy of the annual audit shall be filed with the Supreme Court). 

(v) Engage and define the duties of employees and fix 

their compensation. 

(vi) Arrange for publication of an official State Bar 

bulletin or journal. 
(vii) Receive, consider and take action on reports and 

recommendations submitted by committees, sections and the assembly 

of members of the association at any annual or special meeting. 

(viii) Fill vacancies however arising, in the membership 

of the Board of Trustees, or in any office except the office of 

President, and in each case the person appointed to fill such a 

vacancy shall hold for the unexpired term. 

(ix) Adopt regulations, not inconsistent with the association's Constitution and these By-Laws, for the orderly administration 

of the association's affairs and activities. 

Section 5. Meetings of Board of Trustees, 

(a) There shall be a regular meeting of the Board of Trustees 

in each year at the time of the annual meeting of members of the 

State Bar and during the months of April, September and December 

in each year. The meetings in the months of April, September and 

December shall be on dates set by the Executive Committee. 

(b) Special meetings of the Board may be held at any time upon 

call of the President, and shall be called by him upon written requests signed by five members of the Board. Notice of the time and 

place of regular and special meetings of the Board shall be given 

to each member by the Executive Director by mail or telephone at 

least five days before the meeting. At any regular or special meeting 

of the Board any business may be transacted which is within the 

power of the Board, whether or not specified in the call or notice 

of the meeting. Action of the Board may be taken without a meeting 

by mail or telephone vote. 

(c) A majority of the Trustees shall constitute a quorum. Any 

Trustee who fails to attend two successive meetinlfsaf the Board of 

Trustees without good cause shall forfeit his office and the vacancy 

filled by the remaining members of the Board. Good cause shall be 

determined by the Board. 

(d) A summary of the minutes of each meeting or of any mail or 

telephone action of the Board of Trustees shall be printed in the 

State Bar Bulletin with a notation that any interested person may 

obtain a copy of the minutes on request to the Executive Director. 
Section 6. Compensation. The members of the Board of Trustees 

shall receive no compensation for services to the association, but 

they and also the members of committees and the officers and directors 

of sections may, upon authorization of the Board of Trustees, be , 

reimbursed for necessary expenses incurred in the performance of 

their duties. 

ARTICLE IV 

EXECUTIVE COMMITTEE 

Section 1. Members; selection. There shall be an Executive Committee consisting of the President, President-Elect, the immediate 

Past-President, the Secretary-Treasurer, the Chairman of the Board 

of Trustees, and four additional members elected annually by the 

Board of Trustees from among its members at its meeting held at the 

same time as the annual meeting of the association. A vacancy 

occurring in the elected membership may be filled by the Board of 

Trustees. 

Section 2. Powers and duties. The Executive Committee may exercise 

all the powers and perform all the duties of the Board of Trustees 

between the meetings of the Board subject to ratification by the 

- 

Board except the power to initiate the taking of any referendum or 

poll of members of the association, 

The Executive Committee shall prepare an annual budget for 

submission to the Board of Trustees, and shall perform such other 

duties as the Board of Trustees may prescribe. 

Section 3. Meeting; quorum. The Executive Committee shall meet at 

the call of the President, or at the call of the Executive Director 

upon the written demand of at least three of its members. All 

members shall be given at least 48 hours notice by mail, or telephone of the time and place of any meeting, Five members present 

at a meeting shall constitute a quorum. Action of the Executive 

Committee may be taken without a meeting by mail or telephone vote. 

Any elected member of the Executive Committee who fails to attend 

two successive meetings without good cause shall automatically forfeit 

his office and the vacancy shall be filled by the Board of Trustees. 

Good cause shall be determined by the Executive Committee. 
A summary of the minutes of each meeting of the Executive Committee 

shall be printed in the State Bar Bulletin, with a notation that any 

interested person may obtain a copy of the minutes upon request to 

the Executive Director. 

ARTICLE V 

YOUNG LAWYERS SECTION 

There shall be a young lawyers section of the State Bar of Montana. 

Each member of the State Bar of Montana thirty-six years old or 

younger may be a member of this section. 

ARTICLE VI 

AMERICAN BAR ASSOCIATION DELEGATE 

Any active member who is a resident of Montana and maintains an 

office for practice of law in this state may be nominated as a 

candidate for delegate to the House of Delegates of the American 

Bar Association by a petition signed by not less than twenty-five 

active members. Nominating petitions shall be filed with or mailed 

to the State Bar of Montana at least sixty days before the election 

date specified by the Board of Trustees. In the event that no 

member shall be nominated as delegate, the Board of Trustees shall 

nominate one or more qualified candidates for such office. Election 

of the delegate shall be by secret ballot of all active members and 

the candidate receiving the greatest number of votes cask shall be 

elected. The mailing, return and canvass of the ballots shall be 

conducted in the same manner as provided for the election of trustees. 

ARTICLE VII 

EXECUTIVE DIRECTOR 

There shall be an Executive Director of the State Bar who shall be 

the chief executive officer of the administrative staff and in direct 

charge of the State Bar office, its records, property and equipment. 

The executive director shall be hired by the Board of Trustees 

under terms of employment and compensation fixed by the Board. He 

shall upon entering upon the duties of executive director give a 

surety bond to the State Bar of Montana for the faithful performance 
of his duties, which bond must be approved by the President. Subject to the general control of the officers, executive committee, 

and Board of Trustees and as appropriate and consistent with the 

requirements of this constitution and the by-laws, he shall: 

(a) Attend meetings of the executive committee and Board of 

Trustees, and keep and disseminate the minutes of such meetings. 

(b) Collect, deposit and disburse the association's funds 

pursuant to the budget, and invest surplus funds at the direction 

of the executive committee. 

(c) Maintain membership lists, and member files. 

(d) Advise and assist the officers, trustees, sections and 

committees. 

(e) Make the arrangements for association meetings. 

(f) Perform such other duties as may be directed by the Board 

of Trustees or officers, or as prescribed by the State Bar's 

constitution or by these by-laws. 

ARTICLE VIII 

MEETINGS OF THE ASSOCIATION 

Section 1. Annual meeting. There shall be an annual meeting of the 

members of the State Bar at such time and place as is designated by 

the Board of Trustees. 

Section 2. Special meetings. Special meetings of the members of 

the State Bar of Montana may be held at such times and places as 

designated by the Board of Trustees. A special meeting may also be 

called upon a petition signed by not less than twenty percent of 

the members of the State Bar of Montana. 

Section 3. Notice of meetings. At least fifteen days written 

notice shall be given for all special meetings of the State Bar of 

Montana and at least thirty days notice shall be given for the 

annual meeting of the State Bar of Montana. 

Section 4. Powers of annual meeting. At any annual or special 

meeting of the State Bar of Montana the members present shall constitute a quorum and, by a majority vote of those present, may 

modify or rescind any action or decision of the Board of Trustees and 
may also instruct the Board as to future action and the Board shall 

be bound by any such action. The right aforesaid to direct, modify 

or rescind an action of the Board shall not include the power to 

invalidate payments previously made under the direction of the Board. 

Section 5. Conference for members. At each annual meeting the 

officers and executive committee shall include in the printed program a time and place at which any member of the State Bar shall have 

an opportunity to confer with the officers and the executive committee 

and present any complaints or suggestions for the improvement of 

the State Bar. 

ARTICLE IX 

STANDING COMMITTEES 

Section 1. Appointment and removal. 

(a) Appointment. Number of members. Term. Each of the 

standing committees shall consist of nine members. The members of 

each such committee shall be appointed by the president for a term 

of three years, so arranged that the term of office of only one-third 

of the members shall expire in any year. The chairman of each committee shall be designated by the president for a term of one year. 

A vacancy in any committee shall be filled by appointment by the 

president for the unexpired term. Members of committees shall serve 

until the appointment of their respective successors. A majority 

of the members of any committee shall constitute a quorum for the 

transaction of business. Each committee shall keep a record of its 

meetings and proceedings and shall submit an annual report to the 

Board of Trustees. The Board of Trustees may assign powers or duties 

to any standing committee in addition to those initially prescribed 

for the committee. 

(b) Removal for non-attendance. After two consecutive nonexcused absences from meetings of any committee, the chairman of the 

committee shall report said absences to the president. The president shall thereupon notify such member of his removal from the 

committee, and appoint a replacement for the balance of the term of 

office. 
Section 2. Committees created. The Board of Trustees, by majority 

vote, shall create the committees of the State Bar and prescribe 

their powers and duties. 

ARTICLE X 

SECTION ORGANIZATION AND ACTIVITIES 

Section 1. Establishment of sections. The Board of Trustees may 

establish, consolidate and discontinue sections. Upon approval 

of an application for the establishment of a new section, the 

Board of Trustees, by a vote of a majority of its members, may 

establish such a section dedicated to a field of law not committed 

to any other section. Every application to the Board of Trustees 

for the establishment of a section shall set forth: 

(a) The field of law to which the proposed section is to be 

dedicated, which shall be within the purposes of the State Bar and 

outside the field of law committed to any existing section. 

(b) A statement of the need for the proposed section. 

(c) The proposed by-laws for the government of such section. 

(d) The name of the several committees, if any, of the proposed 

section. 

(e) A list of members of the association whd have signified 

their intention of applying for membership in the proposed section. 

An application for the consolidation of existing sections shall 

set forth the information required in the case of an application for 

establishing a section. Such an application may be granted by the 

Board of Trustees in its discretion, by a vote of a majority of 

the members. A section may be discontinued by a vote of a majority 

of the Board of Trustees, but only after notice by mail to the 

members of said section. 

Section 2. Membership of sections. Any member of the State Bar shall 

be entitled at his election to enroll in any section. 

Section 3. Section officers and council. Each section shall have a 

chairman and council and such other officers as the section by-laws 

may provide. The council of a section shall consist of the officers 

ex-officio and such other members as may be provided in the by-laws. 

No change in the by-laws of any section shall be effective until 

approved by the Board of Trustees. 

- 18 - 
Section 4. Section dues. The members of any section may be 

required to pay section dues in such amount and for such purposes 

as the section, with the approval of the Board of Trustees, may 

determine. The dues shall be paid to the State Bar office. 

Section 5. Section meetings. The officers and council of each 

section shall arrange for meetings of the section in conjunction 

with the annual meeting. Special meetings may be held at such 

times and places as the section council officers may determine. 

Section 6. Reports. Each section shall submit to the Board of 

Trustees prior to the annual meeting of the association in each 

year a report of the activities of the section. 

Section 7. Expenses. Expenditures out of the dues of sections 

shall be made only by direction of the council of the section; 

and the State Bar shall pay out of such dues only such amounts as 

the chairman of the section shall certify to have been so authorized. 

ARTICLE XI 

CLIENT SECURITY FUND 

The Board of Trustees shall establish a client security fund and 

provide rules of procedure for its administration. The Board may 

purchase a client security indemnity bond for additional client 

protection. 

ARTICLE XI1 

OFFICIAL PUBLICATION: NOTICE TO MEMBERS 

(a) The Montana State Bar Bulletin shall be the publication 

of the State Bar of Montana. All official notices shall be published therein and such publication shall 'can;;stitute notice to all 

members. The Bar Bulletin shall be mailed to all members at their 

address of record. 

(b) A financial statement showing assets, lfabilities, receipts 

and disbursements of the State Bar shall be published in the State 

Bar Bulletin prior to the annual meeting. 
ARTICLE XI11 

REFERENDUM PROCEDURE 

Section 1. Trustees may initiate. The Baard of Trustees may at 

any time, by the affirmative vote of two-thirds of its membership, 

refer to the active members of the association for a determination 

by mail ballot, any question of association policy. 

Section 2. Annual or special meetings may initiate. The Board of 

Trustees shall, in like manner, submit for determination by the 

active members of the association, any question of association 

policy, including proposed changes in the constitution or by-laws 

of the association, whenever directed so to do by resolution 

adopted at any regularly called meeting of the membership by the 

affirmative vote of a majority of those voting. 

Section 3. Members may initiate by petition. The Board of 

Trustees shall, in like manner,submit for determination, by the 

members of the association, of any question of association policy, 

including proposals for changes in the constitution or by-laws, 

whenever directed so to do by a petition signed by not less than 

ten percent of the active members of the association. 

Section 4. Procedure. Ballots for use in any such referendum 

shall be prepared, distributed, returned and counted in accordance 

with regulations prescribed by the Board of Trustees. The result 

of the referendum, as determined by a majority of the votes cast, 

when duly ascertained, shall be published by the Board of Trustees 

in the official Bar Bulletin, and shall control the action of the 

association, the Board of Trustees, the officers, sections and 

committees. 

ARTICLE XIV 

CANONS OF PROFESSIONAL ETHICS 

The rules of professional conduct set forth from time to time in 

the Canons of Professional Ethics of the Supreme Court, as it may 

be supplemented or modified by the Court, shall be the standards 

governing the practice of law in this state. 
ARTICLE XV 

AMENDMENT 

(a) These by-laws may be amended or repealed at any annual or 

special meeting of the State Bar by a majority vote of the members 

present, provided notice setting forth the proposed amendment shall 

be given all members in the notice of the meeting. 

(b) The Board of Trustees shall review the by-laws every 

three years, solicit opinions of the members relative to proposed 

amendments and report to the members present at the annual meeting 

in that year. 

ARTICLE XVI 

FIRST ELECTION 

The first election of officers and a Board of Trustees under these 

by-laws shall be held under the direction of the Supreme Court in 

accordance with the by-laws. 

At the first election a president shall be nominated and elected 

in the same manner as the president-elect in accordance with 

Article II(c). The officers and trustees first elected shall assume 

office on election day and shall immediately select a site and 

date for the first annual meeting of the association. The terms of 

office of officers first elected shall expire at the conclusion of 

the second annual meeting. 

ARTICLE XVII 

EFFECTIVE DATE 

These by-laws are effective on March 1, 1975. 

The following implementation schedule, which differs from the 

by-laws in notification time requirements for the election process, 

is adopted: 

March 1, 1975 Effective date of Constitution and 

By-Laws . March 1, 1975 Notification, Xegistration forms, 

and nominating petitions sent to all 

members of Unified Bar. 
April 1, 1975 

April 15,1975 

May 1, 1975 

May 10, 1975 

May 15, 1975 

Deadline for filing nominating 

petitions with Supreme Court. 

Ballots mailed to all members by 

Supreme Court. 

Deadline for returning voted ballots 

to Supreme Court. 

First Election date. 

Organizational meeting -- Board of 

Trustees transfer of Montana Bar 

Association assets to Unified Bar. 

Hiring of staff. Calling of first 

annual meeting of Unified Bar. 

May 20, 1975 Mail notice of first annual meetine;. 

June 1, 1975 First mailing of dues notices for 

1975-1976 fiscal year. 

June 21, 1975 Convention and first regular Board 

meeting. 

July 1, 1975. Due date for dues. 

Sept. 1, 1975 Second dues notice. 

Oct. 1, 1975 Suspension for unpaid dues. 

Oct. 21, 1975 Notice of suspension sent to courts. 

A copy of this Order shall be mailed to each currently licensed 

attorney appearing in the records of the Clerk of the Supreme Court. 

DONE this >&&day of January, 1975.