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24 Mont. Law. 1 (1998-1999)

handle is hein.barjournals/mtlaw0024 and id is 1 raw text is: THE MONTANA September 1998 Volume 24 #1 State Bar of Montana * Helena, Montana Commission recommends discipline rules revision By Sally K. Hilander, Editor The Montana Lawyer The Commission on Practice has recommended the Supreme Court adopt numerous revisions to the Rules for Lawyer Disciplinary Enforcement, and the Court will receive comments from the bench, bar and public through December 1. The rules with the pro- posed amendments are published in their entirety beginning on page 26. Among the most notable proposed changes are (1) the addition of private admonitions and proba- tion as discipline options, and (2) a means for law- yers with alcohol/drug addictions and other mental or physical problems to opt for an inactive member- ship status while they seek professional help, and then return to active practice if they are later found competent. The Commission told the Court its recommenda- tions are based on the work of the ABA Standing SPECIAL FEATURE BarsFour al Rookit What to expect if 1 you represent a . client before the Sentence Review Division. See Jeff Renz' article 1f C Cmal, an' on page 5. 0 1 fraA_ isioM Committee on Professional Discipline, a review con- ducted by a Court-appointed task force, and an internal assessment by Commission members. A new Rule 21, recommended by both the task force and the ABA, would allow a lawyer to be placed on disability inactive status if he or she is incapacitated or declared in a court of law to be incompetent. Without such authority, the Commis- sion can only wait until a non-disciplinary matter deteriorates into a disciplinary problem. Two major recommendations of the task force and ABA Committee are not included in the Commission's proposed amendments: (1) The Su- preme Court should establish an office of disciplin- ary counsel to oversee the investigation and pros- ecution of attorney misconduct complaints, and (2) the Commission on Practice as a whole should be More DISCIPLINE, page 26

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