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2012 August Montana Lawyer

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2012 August Montana Lawyer Montana State Bar of Montana LawyerAug. 2012 | Vol. 37, No. 9 INSIDE: > President-Elect identifi es top 8 challenges facing the State Bar > Introducing the Appellate Pro Bono Program > U.S. and Montana Supreme Court summaries of recent cases > Missouri v. Frye and Lafl er v. Cooper: To Plea or Not to Plea? > State Bar looking for volunteers to serve on committees > Justice Foundation approves grants, identifi es donors > Montana and Member news BIG Are you ready SKY rendezvous to rendezvous? Annual Meeting | Billings,Montana | September 20-21 {}Preview: Sandra Day O’Connor | Supreme Court Oral Arguments | Hot Topics CLE | and more ... 6WDWH%DU RI 0RQWDQD Firm ManagerTM Montana Lawyer The offi cial 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 INDEX (406) 442-7763. E-mail: [email protected] State Bar Offi cers August 2012 President | Shane Vannatta, Missoula President-Elect | Pamela Bailey, Billings Secretary-Treasurer | Mark Parker, Billings Immediate Past President | Joe Sullivan, Feature Stories Great Falls Annual Meeting preview ..................................................................................................16 Chair of the Board | Randall Snyder, Bigfork Missouri v. Frye and Lafl er v. Cooper analysis ...........................................................24 Board of Trustees Appellate Pro Bono Program ..........................................................................................14 Luke Berger, Helena Darcy Crum, Great Falls Ellen Donohue, Anaconda Vicki W. Dunaway, Billings Leslie Halligan, Missoula Commentary Jason Holden, Great Falls President-Elect’s Message ..................................................................................................4 Thomas Keegan, Helena Ross McLinden, Billings Jane Mersen, Bozeman Regular Features Kent Sipe, Roundup Montana and Member News ........................................................................................ 5-6 Randall Snyder, Bigfork Monique Staff ord, Billings Court orders ................................................................................................................... 10-13 Matthew Thiel, Missoula Deaths .............................................................................................................................. 28-29 Monica Tranel, Helena Lynda White, Bozeman Job postings ................................................................................................................... 30-31 Tammy Wyatt-Shaw, Missoula ABA Delegate Damon L. Gannett, Billings Robert Carlson, Butte Montana Lawyer Staff Publisher | Christopher L. Manos, Executive Director Editor | Peter Nowakowski (406) 447-2200; fax: 442-7763 e-mail: [email protected] Subscriptions are a benefi t of State Bar ! membership. "#$ % Advertising rates are available upon request. Statements and expressions of $ & ' ( opinion appearing herein are those of the advertisers or authors and do not % % $#$ ) necessarily refl ect the views of the State Bar of Montana. Postmaster: Send address changes to * $ + Montana Lawyer, P.O. Box 577, Helena MT 59624. ,-.%,/0%12/34 5 % Copyright 2012 State Bar of Montana Printed in Billings at Artcraft Printers $#$ 66 % % 7 www.montanabar.org Page 3 President’s Message | President-Elect Pam Bailey Top eight challenges facing the State Bar Th e State Bar is at a pivotal time in its is burdening the courts who are already sole practitioners. Not only do we need to 40 year history. Th e Board of Trustees met struggling with delays. protect and support the aging attorney, we in June to discuss developing a strategic also have an obligation to protect clients plan to guide the State Bar over the next 3. The Speed (or Lack Thereof) and the perception of the bar. Before 3-5 years. As President-Elect, I was tasked of Civil Litigation emergent situations arise, sole practitio- with developing the challenges we need to Th ere is a growing concern regarding ners must have a plan in place. address in that plan. To assist in this task, I delays in district courts. It is becoming invited all local bar presidents, new lawyer more diffi cult to have a hearing or other 7. The Great Technology Divide leadership, law school leaders, law school proceedings scheduled in a timely man- Th ere is a resistance in our profession administrators, leaders of the Montana ner. In many cases, it is taking the judge to technology changes, particularly with Trial Lawyers and Montana Defense attor- a year or more to make a ruling or even our aging demographics. Technology pres- neys, Montana’s ABA delegation, man- set a hearing. Th ere is an inconsistency ents competency issues. Confi dentiality agement from Montana Legal Services, amongst the diff erent districts with this is a major concern. Th ere is a lack of State Bar staff , and, section and committee issue. As the saying goes: justice delayed technological competency of some of our chairs. is justice denied. Delays create a negative judicial members. Communication has I knew that facilitation of this gather- public perception of the courts and the become impersonal and can cause a de- ing would be vital to its success. I was for- profession. Th ere is a negative impact on cline in professionalism. Th ese problems tunate to obtain the assistance of Professor the economy. Th e ability to have timely are not going away. If anything, they will Martin Burke. Th ere was lively discussion, resolutions of legal issues is integral to increase. and, while everyone had diff erent perspec- maintain the rule of law. 8. Making the State Bar Relevant tives and diverse interests, there was a 4. Civics Education My friend, Bobbi Anner-Hughes, sincere interest and concern on everyone’s Th ere is a public ignorance of the President of the Montana Trial Lawyers, part about the future of our profession. As attended the Strategic Planning Meeting. part of the meeting, the leaders were asked legal system and legal procedures, which results in lack of respect for our profes- When I asked Bobbi what she found to to identify the top challenges we face. Th e be benefi cial, she summed it up in one top eight challenges were as follows: sion. Communication is the strategy to deal with this issue. We need to utilize sentence, “Th e most important thing I am 1. Prioritizing Bar Services the State Bar’s web site, local media, the taking away from this meeting is that it is and Programs Montana Library Association, the schools, critical that we are self-regulated.” Bingo! If we do not regulate ourselves though an Th e State Bar reserve funds are dwin- legislative counsel, etc., to provide infor- organized bar, the legislature will do it dling. How can we continue to provide mation and education regarding the legal for us. Addressing the challenges that the valuable services to our membership and system. profession faces requires a coordinated maintain fi nancial solvency? We want to 5. Aging Demographics eff ort that can only be mounted by an or- continue to meet the needs of our mem- Fift y percent of the attorneys in our ganized bar. We need to continue to meet bers and the public. Our members have state are over fi ft y years of age. We have the concerns and needs of our member- oft en become resistant to bar programs a moral obligation to take care of our ship, from the time they are admitted to because of the cost and questionable rel- own. Older attorneys expect and deserve the time they retire. evancy. Many members already complain support services from the bar. In smaller that their dues are too high. A balanced communities with few attorneys, who will Conclusion budget is essential. provide legal services when these individu- We welcome your input as we move 2. Pro Se Litigants als retire? With fewer attorneys, there will forward in developing the new strategic Th ere continues to be a growing be a decline in bar dues and revenue. plan. Please contact a member of the number of self-represented parties ap- Board of Trustees or Executive Committee pearing before the courts. Some of these 6. End of Practice with your thoughts and suggestions. individuals are indigent, others are not. In addition to fi ft y percent of our Better yet – consider becoming involved Th e growing number of pro se litigants membership being over fi ft y years of age, in our bar association and be a part of the does not refl ect well on the State Bar and a high percentage of Montana lawyers are solution Page 4 August 2012 Montana and Member News Nygren accepts new position; the University of Iowa College of Law Olney joins Helena fi rm fi rm announces name change in 1986. He became Board Certifi ed in Consumer Bankruptcy in 1995 and Kelton Olney has Chris Nygren, a shareholder with Business Bankruptcy in 2005, by the recently joined the law fi rm the Missoula fi rm of Milodragovich, American Board of Certifi cation. Aft er of Luxan & Murfi tt, PLLP Dale, Steinbrenner, and Nygren, practicing law and serving as a bankrupt- in Helena. A native of P.C., has accepted a position as the cy trustee in central Iowa, he established Vermont, Kelton has lived in Montana since 1999. Assistant General Counsel for Barnard a private practice in Kalispell, Montana, Olney Construction Companies headquartered in 1999. He specializes in bankruptcy, He is a graduate
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