ALPS founder Robert Minto wins Jameson Award Judge Townsend wins Karla Gray Equal Justice ...

40 Pages·2017·2.14 MB·English

Montana
Lawyer
State Bar
of
Montana
August 2015 | Vol. 42, No. 9
ALPS founder Robert Minto wins Jameson Award
Judge Townsend wins Karla Gray Equal Justice Award
Missoula lawyers win Haight Pro Bono Award
ALSO IN THIS EDITION
> Justice Wheat announces retirement from Montana Supreme Court
> Former U.S. Attorney Cotter hired as new ODC chief disciplinary counsel
> Could Veterans Treatment Court be right for your client?
1
Montana Lawyer
INDEX
The official magazine of the State Bar of
Montana published every month except
January and July by the State Bar of
Montana, 7 W. Sixth Ave., Suite 2B, P.O. Box
577, Helena MT 59624. 406-442-7660; Fax
August 2017
406-442-7763.
E-mail: [email protected]
State Bar Officers
President
Bruce M. Spencer, Helena
President-Elect Cover Stories
Leslie Halligan, Missoula
Secretary-Treasurer State Bar Annual Award Winners ........................................................13
Jason Holden, Great Falls
Jameson Award: Robert Minto .......................................................14
Immediate Past President
Matthew Thiel, Missoula
Pro Bono Award: Travis Dye and Helia Jazayeri ........................16
Chair of the Board
Juli Pierce, Billings Equal Justice Award: Judge Karen Townsend ...........................17
Board of Trustees
Elizabeth Brennan, Missoula
Brian C. Smith, Missoula Feature Stories
David Steele, Missoula
Kaylan Minor, Kalispell Justice Wheat Announces Retirement ..............................................11
Jessica Polan, Anaconda
Channing Hartelius, Great Falls Mistitling of US Magistrate Judges Remains a Problem ..............22
Paul Haffeman, Great Falls
Kent Sipe, Roundup Is Veterans Treatment Court Right for Your Client? ......................24
Mike Talia, Helena
Kate Ellis, Helena
Health Care Legislation in 2017 Montana Legislature .................28
J. Stuart Segrest, Helena
Christopher Gray, Bozeman
Opinion: Teaching Girls to Lead ...........................................................30
Lynda White, Bozeman
Ross McLinden, Billings
Eric Nord, Billings
Juli Pierce, Billings Regular Features
ABA Delegates
Member News ...............................................................................................4
Damon L. Gannett, Billings
Shane Vannatta, Missoula
State Bar News ...............................................................................................8
Eli Patten, Billings
Court Orders ...................................................................................................9
Montana Lawyer Staff
Publisher | Christopher L. Manos
Law School News .......................................................................................32
Editor | Joe Menden
406-447-2200; fax: [phone]
News and Notes .........................................................................................33
email: [email protected]
Subscriptions are a benefit of State Bar In Memoriam ...............................................................................................35
membership.
Job Postings/Classifieds ..........................................................................38
Advertising rates are available upon
request. Statements and expressions of
opinion appearing herein are those of the
advertisers or authors and do not neces-
sarily reflect the views of the State Bar of
Montana.
Postmaster: Send address changes to
Montana Lawyer, P.O. Box 577, Helena MT
59624.
Page 2 August 2017
President-Elect’s Message | President-Elect Leslie Halligan
Year ahead holds challenges, opportunities
I recently received an invitation to attend and with facilitation (gratis) by ALPS Executive
a presentation by Lillian Alvernaz, a Montana Vice-President Chris Newbold, the trustees
law student who received the Margery Hunter gathered with other important stakeholders, Dean
Brown Assistantship, a grant created in honor of Paul Kirgis of the Blewett School of Law at the
Professor Brown to encourage students to explore University of Montana; Alison Paul of Montana
areas of the law--Indian law, natural resources, Legal Services; New Lawyers Section Chair Meri
and public lands, in which she specialized. Lillian, Althauser; and Montana Justice Foundation
as the 24th recipient, will present on “Effective Executive Director Niki Zupanic, to discuss chal-
Advocacy for Addressing Domestic Violence lenges to the profession, issues within the organi-
Throughout Indian Country in Montana,” a topic zation, and advances that will change the practice
she advanced in her application. As I viewed the or delivery of legal services.
invitation, I was struck by the photos of both We arrived at two primary goals for the
Professor Brown and Lillian and the differences upcoming year. First, with the retirement of
The Honorable Leslie
that each image conveyed. Professor Brown, Executive Director Chris Manos, the board is
Halligan of Missoula is
consistent with how I knew her, looks calm and focused on securing a qualified executive director.
a 4th Judicial District
determined, filled with wisdom, a quiet force Presently the hiring committee has reviewed more
judge. Before her ap-
who left a lasting impact on Native American than 20 applications and is conducting initial
pointment as district
Tribes, colleagues and the students she taught interviews, vetting applicants according to skills
judge, she served as
and mentored. Lillian’s, with her bright eyes and and traits identified as essential by the Trustees.
a standing master in
enthusiastic smile, conveys a youthful energy and In August, the full board will meet to interview
the 4th Judicial District
determination, eager to venture into a legal career the top applicants, with a goal of having a new
and as a deputy county
focused on improving lives. executive director selected by the Annual Meeting
attorney in Missoula
I was excited to learn about Lillian’s study in September. Second, the trustees, after thorough
County.
and recommendations, and know that Professor review of the organization’s budgetary projections
Brown would be pleased that another student may over the next three to five years, voted to petition
have found a path to a meaningful legal career. the Montana Supreme Court for a modest dues
While this event has very little to do with my cur- increase to adequately fund the bar’s operating
rent work, it energizes me and reminds me of the costs. The details of these projections are more
importance of the opportunities to honor distin- thoroughly addressed in the bar’s recently filed
guished leaders like Professor Brown, to create report to the Supreme Court. The petition will
pathways for student development and leadership, seek to increase the dues for active bar members
and ultimately provide opportunities to advance by an amount ranging from $85 to $100, with
the law and improve our communities. Lillian’s proportionally lesser increases in the other mem-
story also reminds me of the value of relationships bership classes, $65 for inactive and $25 for senior
that we share, the value of the core group of at- members.
torneys that shepherds this assistantship, and how As president-elect, I am honored to serve the
efforts towards building relationships can improve unified bar and to have an opportunity to work
the quality of our work and our lives. Now as the with the diverse, intelligent, creative and commit-
State Bar’s president-elect, I hope to encourage ted trustees who you have elected, as well as the
other members of our bar to become involved in many organizations and groups involved in the le-
activities, sections, groups or projects that may gal community. Together, we will work to advance
provide similar opportunities to advance the law the rule of law and address the ever-changing legal
and to improve our communities. landscape, while recognizing the unique aspects
As president-elect, I intend on keeping mem- of the practice of law in Montana. During my
bers informed and to celebrate our achievements. tenure, I look forward to creating an atmosphere
Recently, the Board of Trustees participated in our that fosters opportunities to deepen our relation-
annual strategic planning session. Under the cover ships, with the ultimate goal of advancing the legal
of pines at the Double Arrow Lodge in Seeley Lake profession.
www.montanabar.org Page 3
Member and Montana News
Clark and Henkel join Terrazas in Missoula addition of Nathaniel T. Block as an associate attorney.
Block was born and raised in Oakland, California, where
Elizabeth Clark and Dana Henkel have joined Robert he cultivated a love for all things outdoors. He attended San
Terrazas to form Terrazas Clark Henkel, PC in Missoula. The Jose State University and graduated with a bachelor’s degree
firm continues the practice of Terrazas Law Offices in litigation in political science. While an undergraduate, he worked at the
of personal injury, employment, complex divorce and child California Legislature and gained keen insight into the legisla-
custody, real estate, probate, and criminal tive process. His passion for the outdoors and the law led him
defense as well as estate planning, business to the University of Montana School of Law where he graduated
formations, and contracts. in 2014.
Henkel is a 2012 graduate of Southern During law school Block interned at the Montana
Methodist University School of Law and Department of Natural Resources and
practiced civil litigation and criminal de- Conservation, where he worked on forestry,
fense in Great Falls before joining Terrazas land management, and wildfire suppres-
Law Offices in 2015. She will continue to sion issues. He is interested in and has
practice complex litigation and expands the written about federal land management
Henkel firm’s criminal defense practice. issues. During the course of his time with
Clark joined Terrazas Law Offices as a the DNRC, he worked closely with state and
legal assistant in 2006, and has practiced federal agencies to reach positive outcomes
with the firm since her admission to the bar for all concerned.
in 2012. In 2016, she received her Masters Block After graduation, Nathan was hired by
of Law in Taxation from the University of Oracle America and moved to Bozeman.
Washington School of Law. Her practice With a background in computer systems, he worked with
expands the firm’s estate planning, probate, Oracle’s Legal Department in the negotiation of Cloud Service
business formation, business succession Agreements and Oracle Master Agreements. Oracle provided
planning, and real estate transactions with a Nathan with valuable experience both negotiating and prepar-
focus on tax planning and advising. ing commercial contracts.
Clark
Terrazas Clark Henkel PC can be reached Block left Oracle to join Guza, Nesbitt, & Putzier, PLLC in
at 1923 S. Higgins Ave. Missoula, MT, 59801; 406-541-2550; or May 2017. He will be applying the skills he has learned in life,
[email protected]. school and work to his position, focusing on transactions, litiga-
tion defense and municipalities.
Wallace to head new Helena branch office You can contact him at: Guza, Nesbitt & Putzier, PLLC, 25
of Odegaard Braukmann Law Apex Drive, Suite A, Bozeman, MT, 59718; phone, 406-586-
2228; fax, 406-585-0893; or email, [email protected].
Odegaard Braukmann Law, PLLC, in Billings has an-
Winderl joins Markette & Chouinard in Hamilton
nounced that Lucas Wallace has joined the firm. Wallace will
head the firm’s opening of a branch office
in Helena, located in the Power Building, The law firm of Markette & Chouinard P.C. has announced
7 West Sixth Ave., Suite 517. Wallace will that Megan S. Winderl has joined the firm as an associate attor-
focus primarily on representing injured ney. Winderl originally hails from the Bitterroot Valley, where
workers in workers’ compensation claims. she grew up on a registered cattle ranch.
Wallace is a 2003 graduate of the In 2003, Winderl graduated from Montana State University
University of Wyoming and a 2014 gradu- with a Bachelor of Science degree in animal science. In
ate of the University of Wyoming College December 2016, she earned her Juris Doctor degree from the
of Law. He is licensed in the state and University Of Montana School Of Law. In law school, she par-
federal courts for Montana, Wyoming, and ticipated on the Jessup International Moot Court Team, in ad-
Wallace North Dakota. Prior to joining Odegaard dition to serving as co-president of the Rural Advocacy League,
Braukmann Law, PLLC, Wallace was an as- and class representative on the Environmental Law Group. She
sociate attorney with Crowley Fleck, PLLP, where he practiced also served as a law clerk for Markette & Chouinard, P.C., and
in the areas of workers’ compensation defense and insurance clinical intern for Mark Phares of the Department of Natural
defense. Wallace can be reached at [email protected] or Resources and Conservation.
406-457-5537. She is admitted to practice in all Montana courts, and her
practice will emphasize water law, agriculture law, real estate,
Block joins Bozeman firm Guza, Nesbitt & Putzier administrative law, and business transactions. Markette &
Chouinard P.C. is a Hamilton-based law firm and represents
Guza, Nesbitt & Putzier, PLLC, a full service litigation, fam- clients throughout the region.
ily law and transactional law firm is pleased to announce the
Page 4 August 2017
Member and Montana News
Klanke hired as staff attorney for MCADSV’s The Montana Coalition Against Domestic and Sexual
Sexual Assault Legal Services project Violence is comprised of over 50 member programs across
Montana that provide direct services to victims and survivors
The Montana Coalition Against Domestic and Sexual of domestic and sexual violence and their children. In addition,
Violence (MCADSV) has hired Patricia Klanke as the staff at- MCADSV membership includes other nonprofit and govern-
torney of its Sexual Assault Legal Services project. ment organizations and individuals (professionals and mem-
This statewide program staffs two attor- bers of the general public) who are interested in preventing
neys and provides civil legal services to sur- and appropriately responding to domestic and sexual violence
vivors of sexual assault throughout the state in our communities, and in supporting survivor dignity and
of Montana. Matters handled by this project autonomy. For more information, visit MCADSV’s website:
include orders of protection, housing, edu- www.mcadsv.com.
cational advocacy, crime victim rights, and a
Bilyeu joins as shareholder at Jackson,
variety of other legal issues faced by survi-
vors of sexual violence. Murdo & Grant law firm in Helena
Klanke attended the George Washington
University Law School in Washington, Nathan Bilyeu has joined the law firm of Jackson, Murdo &
Klanke
D.C., where she worked with Legal Services Grant, P.C.
of Northern Virginia to provide civil legal representation to Bilyeu joins the firm as a shareholder
domestic violence survivors. After graduation, she clerked for focused on business and employment
Chief Justice Mike McGrath and Justice Laurie McKinnon of law, general civil litigation, and municipal
the Montana Supreme Court. Most recently, she worked as a finance.
civil defense litigator at the Drake Law Firm, P.C. in Helena. Bilyeu graduated with honors from The
She is also an active member of the 1st Judicial District Pro George Washington University Law School
Bono Committee and has served as the coordinator of the in 2013. Prior to attending law school, he
monthly Limited Scope Advice Clinic in conjunction with earned bachelor’s and master’s degrees
Montana Legal Services Association in political science from the University of
Bilyeu Montana.
www.montanabar.org Page 5
Member and Montana News
Boland Aarab law firm opens in Great Falls Andy Utick, at the Utick Law Firm in Helena. The Kalispell firm is
now her primary practice.
Caitlin Boland Aarab and Samir Faerevik Aarab announce the You can reach her at Fox Law Firm, P.O. Box 9621, Kalispell,
Aug. 1, 2017, opening of their firm, Boland Aarab PLLP, in Great MT 59904; [email protected]; or www.mtfoxlaw.com.
Falls. The firm emphasizes consumer protection, personal injury,
and appellate work. Additionally, Caitlin and Sam are both CJA Coleman takes position with Google
panel attorneys, contract attorneys with the
State Office of the Public Defender, and mem- Ryan Coleman has accepted a position with
bers of the 9th Circuit’s Pro Bono program. Google, where he will be negotiating commer-
Caitlin is a Great Falls native. She graduated cial cloud transactions for Google’s Platform as
from Georgetown University, and completed a Service (PaaS) business.
her master’s degree at the University of St Coleman will be based in Google’s newly
Andrews in Scotland. She received her JD from opened Chicago office. He is a 2007 gradu-
the University of Montana. After law school, ate of the University of Montana School of
she completed judicial clerkships with the Journalism, and a 2010 graduate of the
Boland Aarab Honorable Patricia O. Cotter of the Montana University of Montana School of Law’s joint
Coleman
Supreme Court and Chief Judge Sidney R. JD/MBA program.
Thomas of the 9th Circuit Court of Appeals.
Sam was raised in Norway and Morocco.
Montana Lawyer accepting article proposals
He graduated from the University of St
Andrews with an undergraduate and a master’s
The Montana Lawyer is always accepting proposals for substan-
degree. He earned his JD from the University
tive, practice-oriented articles on any topic.
of Montana. Following law school, Sam
If you have an article you would like to propose, or you would
clerked for Chief Justice Mike McGrath of the
like to request a manuscript guideline, please contact editor Joe
Montana Supreme Court and Yellowstone
Menden at 406-447-2200 or [email protected].
Aarab County District Judge Gregory Todd.
Boland Aarab PLLP is located at 501 Central
Ave., Suite 207, Great Falls, MT 59401. You can reach them at
406-315-3737, Caitlin at [email protected], and Sam at
[email protected]. For more information, please visit www.
Have Member News to Submit?
bolandaarab.com.
Do you have news you would like to share
Fox opens law office in Kalispell
with the Montana legal community? The
Montana Lawyer welcomes submissions from
Andrea Fox announces the opening of her
Montana attorneys about new jobs, honors,
new firm, Fox Law Firm in Kalispell.
publications, and other accomplishments,
A native of Helena, Fox earned her under-
graduate and law degrees from the University which are free to submit.
of Montana. Her areas of practice are family Please send member news and photo sub-
law, collaborative law, mediation, personal missions to [email protected]. Email or
injury law, contract legal services and simple call 406-447-2200 with any questions about
wills. She is a founding member of Montana submissions.
Collaborative Professionals.
Fox
Fox still practices part time with her father,
406-683-6525
Montana’s Lawyers Assistance Program Hotline
Call if you or a judge or attorney you know needs help with
stress and depression issues or drug or alcohol addiction .
Page 6 August 2017
Member and Montana News
Joscelyn releases series of legal thrillers
Helena lawyer Alan Joscelyn has released with some stock certificates the client had signed
three books in a series of legal thriller novels. over to him. The package launches Miles on a
The stories follow Miles Patrick, a lawyer cross-country race against time and into the
who hates smartphones, likes jazz and stray crosshairs of someone who doesn’t want him to
cats, and gets his legal strategy from a group of find the answers he is looking for.
retired lawyers who meet for coffee, cards and In “Heavy Metal” (February 2017), Miles’
gossip in the backroom of a bar he owns down- pre-honeymoon expedition with his fiancée,
stairs from his law offices. Casie, gets derailed when Miles is pulled into
It’s immediately easy to see some similari- intrigue involving the long-ago history of his
ties between Miles – a Montana lawyer whose Venetian palazzo, putting their lives and future
offices are on Helena’s Last Chance Gulch – and in jeopardy.
Joscelyn, who until four years ago was a partner In “Pipe Dreams” (July 2017), Miles is per-
at Gough, Shanahan, Johnson & Waterman, suaded to travel to an Irish village where he has
located on the Gulch. become the owner of an old manor house. But
Joscelyn said the books, which he wrote over his arrival there draws him into a deadly intrigue
the past few years, arise out of experiences from involving an artifact whose origins are lost in
his practice, with characters also drawn from antiquity, and confronts him with the compro-
his experiences – some of whom you might mising history of his own Irish ancestors.
recognize. All three books are currently available in
In the first book, “About Spud” (September paperback – the first two also in ePub format – at
2016), Miles receives a mysterious letter from a lulu.com. All three books soon will be available in
former client who died many years ago – along Kindle and paperback formats at amazon.com.
November 3-4, 2017
DoubleTree Hotel
Presents the Missoula, MT
65TH ANNUAL
MONTANA
View the full agenda and register
online at umt.edu/tax-institute.
TAX INSTITUTE
Come learn from some of the nation’s tax experts:
• Sam Donaldson • Ramsay Slugg
• Bruce McGovern • Bruce Flynn
• Martin McMahon • Anthony McCormick
• Charles Redd • Jeremy Miller
• James Walker • Pippa Browde
• Nancy Rousch • Martin Burke
• Jonathan Byington • Elaine Gagliardi
• Ron Aucutt • Jonathan Blattmachr
www.montanabar.org Page 7
State Bar News
Former US Attorney Cotter takes over
as Office of Disciplinary Counsel chief
Former U.S. Attorney for Montana Montana Supreme Court Chief Justice
Mike Cotter is the new chief disciplinary Mike McGrath, announced the appoint-
counsel for Montana. ment on June 9. He said Cotter’s extensive
Cotter, who started in the position on experience in civil and criminal practice was
July 3, will oversee the Office of Disciplinary an ideal fit, and he is confident Cotter will
Counsel, which handles disciplinary mat- continue Thompson’s good work.
ters for all attorneys licensed in Montana. “We are very lucky he was interested in
He takes over for Shaun Thompson, who the position,” McGrath said.
served as chief disciplinary counsel for 12 ODC is part of a comprehensive
years before retiring June 30. lawyer regulation system established by
Cotter, 67, has practiced in Montana the Montana Supreme Court in 2002. It per-
for 40 years. He said the law has been very forms central intake functions and process-
good to him and his wife, retired Montana es, investigates and prosecutes complaints
Supreme Court Justice Patricia Cotter, and against lawyers before the Commission on
he views this as an opportunity to give back Practice. It is funded by assessments paid by
to the legal community. attorneys licensed in Montana.
“I’m looking forward to innovative ways Prior to being appointed at ODC, Cotter
that we can provide assistance to attorneys was the U.S. Attorney for Montana from
Cotter
faced with disciplinary matters,” Cotter said. 2009-2017.
Riley, Halligan selected as officers on Missoula position on in the 2017 Montana Legislative Session. Bills the
Aging Services Governing Board bar supported are indicated by (S), and opposed by (O)
n HB 2 -- General Appropriations Act. (S, Judicial Branch)
Two State Bar of Montana members are officers on the n HB 44 -- Generally revise laws related to district court
Missoula Aging Services Governing Board for 2018. judge numbers. (S)
Larry E. Riley (retired partner from Garlington, Lohn & n HB 46 -- Generally revising funding for civil legal aid. (S)
Robinson, is vice chair of the 12-member board; 4th Judicial n HB 65 -- Revise budget consultation between public
District Judge Leslie Halligan, who is also president-elect of the defender offices. (S)
State Bar, is treasurer. n HB 109 -- Require every applicant for public notary to
pass an exam. Sponsor: Rep. Jean Price, D-HD 24 Died in
Information on requesting a refund for portion standing committee* (O)
n HB 521 -- Revise laws related to representation of LLC.
of dues that paid for bar’s legislative lobbying
(O)
n SB 195 -- Generally revise laws related to unincorporated
The U.S. Supreme Court has ruled that unified bars in
nonprofit associations. (O, with amendments)
which membership and dues are mandatory must refund a por-
n SR19 -- Confirm Governor appointees to the Judiciary.
tion of those dues when the association lobbies on a legislative
(S)
bill in a stance with which a member doesn’t agree.
n SR 22 -- Confirm Governor’s appointee to 5th Judicial
If you would like to request a refund, list the bill on which
District. (S)
you disagreed with the State Bar’s position and send the list to:
n SR 54 -- Confirm Governor’s appointee to 8th Judicial
Lobbying Refund, State Bar of Montana, P.O. Box 577, Helena,
District Court. (S)
MT 59624.
The following are bills that the State Bar of Montana took a
Page 8 August 2017
Supreme Court Orders
Court taking comment on breastfeeding
accommodations during bar exam
The Montana Supreme Court on Thursday adopted an in- testing period to be used solely for the purpose of breast-
terim rule allowing accommodations for breastfeeding mothers feeding the infant or breast pumping.
taking the bar exam. On Feb. 9, the court denied a petition for accommodations
The rules took effect immediately to allow the accommoda- from a February 2017 exam applicant, ruling that it received the
tions for those who took the July 2017 exam. The court will take request too close to the exam date. At that time, the court asked
public comment before implementing the rule permanently. the Board of Bar Examiners to submit a report with recommen-
In the interim rules, the types of accommodations that may dations for any policy or rule changes that the accommodations
be granted include, but are not limited to: would require.
• Permission to bring necessary medical equipment and sup- The board submitted a petition on June 26 calling for a rule
plies, including a breast pump, storage supplies and a cooler; change that includes the accommodations listed above.
• A private or semi-private location with an electrical outlet, if The court will take public comment through Sept. 5 on
requested, to breastfeed or express breast milk; and whether to make the rule permanent. All comments must be
• Stop-the-clock breaks up to 15 minutes per each three-hour made in writing and filed with the Clerk of the Supreme Court.
DISCIPLINE the Montana Rules of Professional Conduct in his handling of a
Bozeman attorney Lucas J. Foust was indefinitely suspended quiet title action.
from practicing law in Montana for mishandling funds in an Morris admitted to violating: Rule 1.4 by failing to keep his
IOLTA account. client informed of the status of litigation; Rule 1.2 by effectively
The Supreme Court accepted the Commission on Practice’s declining a settlement offer without his client’s consent, knowl-
recommendation that Foust be suspended for an indefinite pe- edge or authority; Rules 1.1 and 13 by failing to competently
riod of not less than seven months. represent his client’s interests; Rule 1.16 by failing to withdraw
According to the commission’s findings of fact, between as counsel when warranted by his compromised medical condi-
February 2011 and October 2014, Foust a solo practitioner, dis- tion; and Rule 8,1 by failing to timely respond to demands for
bursed all or part of his attorney fees and out-of-pocket expenses information from the ODC.
in anticipation of settlement proceeds for cases associated with Morris said he suffered a traumatic brain injury in a mo-
those fees. tor vehicle accident during this time frame that caused loss
In the same period, Foust distributed some clients’ shares of of short-term memory, confusion and inability to focus and
anticipated settlement proceeds from his IOLTA account before concentrate.
he received the settlement proceeds in their cases, using trust
Court sets aside Braukmann suspension
funds that belonged to other clients and his own earned fees from
settled cases to cover improperly withdrawn funds. Between
April 2012 and February 2015 Foust did not give a number of The Supreme Court on June 6 set aside Billings attorney
clients all the money owed to them. Michelle Braukmann’s interim suspension over convictions on
The Office of Disciplinary Counsel conducted a forensic two criminal charges involving driving under the influence.
analysis of Foust’s accounts after Foust self-reported an overdraft The court determined that Braukmann’s compliance with
on his IOLTA trust account, determining that he transferred the terms of her probation are sufficient to ensure her sobriety.
$180,000 not belonging to him from his IOLTA account to his
APPOINTMENTS
operating account.
The commission found that, although the case did not involve McLean appointed to Access to Justice
deliberate “stealing” from a trust account, it was “an egregious
Commission
example of an attorney who took virtually no steps to maintain
even the semblance of an accounting of his clients’ funds.”
Daniel McLean of Helena was appointed on July 5 as the
In addition to the suspension, Foust was ordered to pay the
State Bar’s representative to the Supreme Court’s Access to
costs of the proceedings, including ODC’s costs in reconstructing
Justice Commission.
his record.
McLean takes the position of Randy Snyder, who resigned
Morris receives public censure during his second term on the commission effective June 9. The
term ends on Sept. 30, 2019.
Helena attorney Jack Morris received a public censure from
the Montana Supreme Court in April for multiple violations of See ORDERS, page 37
www.montanabar.org Page 9
Supreme Court Orders
Court rejects petitions on failing bar grades
The Montana Supreme Court in July rejected a petition the bar exam and cited disturbances during the testing.
from a February 2017 bar exam taker who said a disturbance The court noted significant differences in the cases, includ-
during the testing led to his failing the exam. ing North Dakota legislation that authorized its Supreme Court
The exam taker said he was distracted during the exam by to grant admission to applicants who the court “considers enti-
the continued coughing and moving about of an IT administra- tled thereto.” Also, the court determined that the disturbance at
tor, had asked the court to award him the 4.3 extra points he the February exam did not rise to the level of the North Dakota
would have needed to achieve a passing score of 266. case, where multiple irregularities occurred.
In response, the state Board of Bar Examiners acknowledged
Exam grading complaint denied
that the IT administrator presented a distraction but said that
The court in June denied another exam taker’s request to
other examinees who sat in close proximity to the petitioner
have the essay portion of the February exam reviewed and
received passing scores. The board argued that it would be dif-
regraded.
ficult and arbitrary to determine an appropriate test credit due
The petitioner, who failed by one point, claimed unfair and
to the distraction.
inconsistent grading.
There were no other formal complaints about the distur-
The court ruled that it was not persuaded that the petition
bance, although there were additional complaints during the
demonstrated the need to override the Rules of Admission pro-
exam.
hibiting “additional substantive review” of examination grad-
The petitioner cited a 1983 North Dakota case, Petition
ing, and if the court allowed such a review, regrading would
of Thompson, 342 N.W. 2d 393, in which the North Dakota
become commonplace, complicating the exam process.
Supreme Court granted admission to a petitioner who failed
Absolutely.
Positively.
Neutral.
BRADLEY D. BONNER
1102 BECK AVENUE 7 CANYON VIEW DRIVE
CODY, WYOMING 82414 SHERIDAN, WYOMING 82801
307.586.4135
Page 10 August 2017