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Jan 0 5 2021 01/05/2021 JAN 0 5 2021 Bowen Greenwooci Clerk of Supreme CourECase Number: PR 06-0422 State of Montana IN THE SUPREME COURT OF THE STATE OF MONTANA IN RE: DAVID M.S. DEWHIRST, ) ) PETITION TO WAIVE MPRE Petitioner. ) REQUIREMENT IN APPLICATION ) FOR ADMISSION BY MOTION TO ) THE MONTANA STATE BAR ) David M.S. Dewhirst,("Petitioner"), petitions this Honorable Court to waive the three-year Multistate Professional Responsibility Examination ("MPRE) test requirement for admission into the State Bar of Montana by Motion. In support, Petitioner states: Petitioner recently relocated to and is a full-time resident of Montana. He has been selected by the Attorney General to serve as the Solicitor General. Petitioner has submitted all the documentation required to be admitted on motion, and pending the anticipated, imminent approval of his character and fitness report by the Montana State Bar and the National Council of Board Examiners, Petitioner will satisfy all the admission requirements except for submitting a qualifying MPRE score obtained within the past three years.' Petitioner was required to take and pass the MPRE with a score of at least 85 before he obtained his license to practice law in 2014 in Petitioner has been inforrned by the Bar Admissions Administrator that, once the NCBE report is complete, he will be permitted to cornplete the Montana Law Seminar via an on-demand video recording. 1 Washington. He successfully did so, as set forth in the attached Admission Certificate from the Washington State Bar Association ("WSBA") (Exhibit 1). Petitioner was admitted to practice law in Washington on October 29, 2014. Id. Accordingly, Petitioner has not received a qualifying MPRE score in the last three years, but he did receive a qualifying score approximately six years ago. Since his admission to the practice of law, Petitioner has remained an active attorney in good standing in Washington, as certified by the Washington Supreme Court(Exhibit 2). At no time has Petitioner faced any disciplinary or ethical issues. See Lawyer Grievance/Discipline Certification, WSBA Office of Disciplinary Counsel(Exhibit 3).2 Petitioner has practiced law as an in-house counsel and public interest litigator in Washington, worked as a senior counsel and deputy general counsel at the United States Department of Commerce, and as a judicial law clerk on the United States Court of Appeals for the Ninth Circuit. Petitioner's practice has predominately focused on litigation, and he has been admitted to practice before various federal courts, including the Supreme Court of the United States. While Petitioner's practice areas have somewhat varied, his commitment to upholding the highest standards of attorney ethics never has. Indeed, he has worked as an in-house and outside counsel and always adhered to the rules of professional As the Court will see, there was apparently a grievance filed on June 18, 2018, but the Disciplinary Counsel dismissed it one week later, on June 25, 2018. I was never informed of or contacted about the matter and only learned of it when I requested the Certification to submit with my application for admission in this State. I have no information regarding the grievance beyond that contained in the Certification. See Exhibit 3. 2 conduct. Petitioner proffers that his experience and slightly older MPRE test scores accomplish the purpose of the three-year rule in the current admission rules. In that regard, Petitioner is aware that the State Bar of Montana is in dialogue with this Court regarding the current requirements and plans to petition the Court to revise the MPRE requirement to eliminate the testing (and/or retesting) requirement if the applicant has already taken and passed the MPRE for admission in another jurisdiction. Petitioner has met that requirement and, should this Court agree to implement this revised MPRE requirement, he would be in compliance. REQUESTED RELIEF Petitioner respectfully requests that this Court waive the MPRE requirement and rely upon Petitioner's prior passing MPRE score and experience as sufficient for admission to the Montana Bar. Dated: January 5, 2021 / avid :S. Dewhirst kyline Dr. Clancy, MT 59634 406.444.4145 Washington State Bar No. 48229 3 Eysi-vcoiu_ ADMISSIO\ CERTIFICATE November 17, 2020 To Whom It May Concern: This is to certify that according to the records of the Washington State Bar Association, David Morgan Steven Dewhirst, license no. 48229 took and passed the Summer 2014 Washington Bar Examination and was admitted to the practice of law in Washington by the Washington Supreme Court on 10/29/2014. Prior to July 2013, Washington administered the Washington State Bar Examination and the Washington State Professional Responsibility Exam; Washington did not require passage of the Multistate Professional Responsibility Exam (MPRE). Since July 2013, Washington has administered the Uniform Bar Exam and has required an MPRE score of 85 or higher. ---- -..."------Z -----, Terra Nevitt Interim Executive Director Washington State Bar Association 1325 Fourth Ave, Suite 600 Seattle, WA 98101-2539 206-443-WSBA IN THE SUPREME COURT OF THE STATE OF WASHINGTON IN THE MATTER OF THE ADMISSION BAR NO.48229 OF CERTIFICATE DAVID MORGAN STEVEN DEWHIRST OF TO PRACTICE IN THE COURTS OF THIS STATE GOOD STANDING I, Susan L. Carlson, Clerk of the Supreme Court of the State of Washington, hereby certify DAVID MORGAN STEVEN DEWHIRST was regularly admitted to practice as an Attorney and Counselor at Law in the Supreme Court and all the Courts of the State of Washington on October 29, 2014, and is now and has continuously since that date been an attorney in good standing, and has a current status of active. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seal of said Court this 19th day of November, 2020. Susan L. Carlson Supreme Court Clerk Washington State Supreme Court 3-I WASHINGTON STATE BAR ASSOCIATION Office of Disciplinary Counsel M Craig Bray Disciplinary Counsel 206-239-2110 LAWYER GRIEVANCE/DISCIPLINE CERTIFICATION RE: David Morgan Steven Dewhirst WSBA Number: 48229 Date Admitted: October 29, 2014 Lawyer's status: Active THIS IS TO CERTIFY that a search of the records of the Office of Disciplinary Counsel (ODC) of the Washington State Bar Association regarding the above lawyer reveals the following information: ( ) ODC has no record of public discipline or any grievances regarding the lawyer. (V) ODC has no record of public discipline, but has a record of grievances regarding the lawyer as described on the attached. ( ) ODC has a record of public discipline and grievances regarding the lawyer as described on the attached. November 12, 2020 Date M Craig Bray sciplinary Counsel In general, Title 3 of the Washington Supreme Court's Rules for Enforcement of Lawyer Conduct (ELC) subjects ODC records on dismissed grievances and pre-2014 admonitions to three-year and five-year destruction requirements, respectively. When ODC releases disciplinary information about a lawyer under ELC 3.4(c), ODC's report of the lawyer's discipline record does not include information about grievance or admonition records that ODC has destroyed. \';614 3- Page 2 CONFIDENTIAL ODC Disciplinary Check — Grievance Against Lawyer David Morgan Steven Dewhirst WSBA Number: 48229 Date Prepared: November 12, 2020 ODC File No. 18-01017 Date Received: June 18, 2018 Current Status: Closed Summary: Our records show that we received a grievance on June 18, 2018 against lawyer David Morgan Steven Dewhirst in a Administrative Law matter. Disciplinary Counsel dismissed the grievance on June 25, 2018..
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