2016 June-July MT Lawyer
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Montana State Bar of Montana LawyerJune/July 2016 | Vol. 41, No. 8 Bar passing score changes The Montana Supreme Court has ordered to adjust the score for passing the bar exam in Montana from 270 to 266 ALSO: State Bar of Montana petitions court for changes to Rules of Professional Conduct to address lawyer use of technology Legislative Committees Tackling Big Issues in Law Committees created by 2015 Legislature studying major issues dealing with attorneys, courts and the justice system, including redistricting of state district courts, rules on criminal sentencing, the future of the Montana Office of the Public Defender, and the Study of Sexual Assault in Montana. New this montH! Quarterly column debuts, offering appellate practice tips and summaries of 9th Circuit cases that originated in Montana Also in this edition: > Evidence Corner: Blueprint for Obtaining Judicial Notice of Fact > Montana AG’s Office wins at US Supreme Court in speedy trial case Montana Lawyer 1 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 406-442-7763. INDEX E-mail: [email protected] State Bar Officers June/July 2016 President Matthew Thiel, Missoula President-Elect Bruce M. Spencer, Helena Feature Stories Secretary-Treasurer Bar Petitions for Changes to MRPC ........................................................6 Jason Holden, Great Falls Immediate Past President Court Orders Change to Bar Exam Passing Score .............................7 Mark D. Parker, Billings Montana AG Office Prevails in Supreme Court Case .......................9 Chair of the Board Leslie Halligan, Missoula Evidence Corner: Obtaining Judicial Notice of Fact ..................... 12 Board of Trustees New Feature: Appellate Tips, 9th Circuit Summaries ................... 17 Elizabeth Brennan, Missoula Marybeth Sampsel, Kalispell Liesel Shoquist, Missoula Gone But Not Forgotten: Disbarred for Theft From Ciients ....... 18 Tammy Wyatt-Shaw, Missoula Ellen Donohue, Anaconda Legislative Interim Committees’ Work Impacts Attorneys ......... 24 Shari Gianarelli, Conrad Paul Haffeman, Great Falls Preventing Inadvertent Disclosures in Metadata .......................... 26 Kent Sipe, Roundup Luke Berger, Helena Kate Ellis, Helena J. Stuart Segrest, Helena Regular Features Jane Mersen, Bozeman Lynda White, Bozeman Member News ...............................................................................................4 Ross McLinden, Billings Eric Nord, Billings State Bar News ...............................................................................................6 Juli Pierce, Billings Court News .....................................................................................................8 ABA Delegates CLE .................................................................................................................. 30 Damon L. Gannett, Billings Shane Vannatta, Missoula Court orders ................................................................................................ 35 Montana Lawyer Staff Obituaries ..................................................................................................... 36 Publisher | Christopher L. Manos Editor | Joe Menden Job Postings/Classifieds .......................................................................... 37 406-447-2200; fax: 442-7763 e-mail: [email protected] Subscriptions are a benefit of State Bar Correction membership. A headline in the May edition of the Montana Lawyer incorrectly Advertising rates are available upon indicated that attorney Edward Moriarity had been suspended by request. Statements and expressions of the Montana Supreme Court. The court did not suspend Moriarity. opinion appearing herein are those of the The court merely referenced him in its suspension of a different advertisers or authors and do not neces- sarily reflect the views of the State Bar of Montana attoney. We regret the error. Montana. Postmaster: Send address changes to Montana Lawyer, P.O. Box 577, Helena MT 59624. Page 2 June/July 2016 President’s Message | President Matt Thiel MLSA rebuilding legal aid model I recently participated in ABA Days in attorney is perhaps the best example of the real Washington, D.C., as part of a Montana delega- gap in justice in Montana. tion that met with our members of Congress to In addition to the high demand for civil discuss the need to maintain federal funding for legal services and the limited resources avail- the Legal Services Corporation and request sup- able, MLSA also faces the challenge of reaching a port for sentencing reform legislation to reduce largely rural population. In order to address these the level of non-violent offenders in federal barriers to justice, MLSA has been innovative prisons. The delegation included Bob Carlson in its provision of services and partners with the and Jock Schulte (they did the heavy lifting) and local bar to pair pro bono attorneys with clients. we marked the 20th anniversary of ABA Days, In addition, MLSA has partnerships with other which was founded by the ABA in response to a service providers, the courts, and the law school proposal in Congress in 1996 to eliminate funding to ensure that as many people as possible receive for legal services. the help they need. Since then, these ABA-facilitated meetings While MLSA works to serve as many have made important contributions to maintain- Montanans living in poverty with their civil legal ing legal aid funding and promoting the rule of issue as possible, the private bar has been instru- law. The state of Montana does not provide any mental in making access to justice a reality for funding for legal aid, so federal funding is critical those who cannot afford an attorney. Without the to Montana Legal Services Association (MLSA). help of pro bono attorneys in Montana, whether MLSA is celebrating its 50th anniversary as a providing services through MLSA or indepen- champion of civil legal aid and access to jus- dently, hundreds of Montanans each year would “MLSA is launch- tice in Montana. Founded in 1965 in response go without help. For many, that can mean loss ing a new initiative to President Lyndon B. Johnson’s declaration of housing, changes in child custody and loss of aimed at improving of “war on poverty,” MLSA fights to protect public benefits crucial to supporting a family. The access to justice for the rights of low-income Montanans. In this Bar is an invaluable partner in MLSA’s mission benchmark year, MLSA is redoubling its efforts to and has made significant contributions to ensur- underserved and provide legal help to low-income Montanans. ing that those least able to advocate for themselves rural communities. MLSA is a private, nonprofit law firm with have a voice. The Montana Pro the mission to protect and enhance the civil legal In addition to building partnerships, MLSA Bono Connect Phone rights of Montanans living in poverty. MSLA has a commitment to technological innovation, Advice Project seeks has field offices in Helena, Missoula and Billings which has been critical to reaching our state’s volunteer attor- but also serves clients in every corner of the state, most geographically isolated populations. MLSA neys to provide free including Montana’s seven Indian reservations, is launching a new initiative aimed at improving providing assistance to low-income Montanans access to justice for these underserved and rural legal advice over the facing issues of consumer law, public benefits, communities. The Montana Pro Bono Connect phone to clients with housing law, Indian law, domestic violence, and Phone Advice Project seeks volunteer attorneys to family law matters.” low-income tax issues. provide free legal advice over the phone to clients Currently, 182,000 Montanans live at or below with family law matters. This platform allows the federal poverty rate and a Montana Justice individuals in rural areas with limited legal re- Foundation study shows that nearly half of those sources to get the help they need. The project also State Bar of Montana have at least one civil legal need. In 2015, over enables attorneys to volunteer time and expertise President Matt Thiel is 6,000 people contacted MLSA for assistance. Lack at their own convenience. MLSA is also working an attorney in Missoula of adequate funding for civil legal aid means that to launch a similar model on an online platform whose practice focuses MLSA is only able to help about 45 percent of called Montana Online Justice. To find out more mostly on personal in- low-income individuals who call for assistance. about the Phone Advice Project or Montana jury and labor law. He is Put another way, there is only one legal services Online Justice, please contact Angie Wagenhals at an appointed member attorney in Montana for every 12,133 people liv- [email protected] or 406-543-8343 ext. 207. of the Montana Facility ing in poverty, compared to one private attorney We congratulate MSLA for 50 years of service Finance Authority and for every 274 people above the federal poverty dedicated to overcoming systemic poverty and the Montana Insurance line. This stark contrast in access to attorneys injustice and, in so doing, ensuring the health and Guarantee Association. for individuals who can’t afford to hire a private safety of communities across the state. www.montanabar.org Page 3 Member and Montana News If you would like to submit an announcement in Member