COURT NEWS

Court seeks comment in proposed changes to Rules for Lawyer Disciplinary Enforcement

The Montana Supreme Court has opened a 30-day comment period for revisions it is considering to rule 26(A) of the Rules for Lawyer Disciplinary Enforcement.

According to the order in case No. AF 06-0628, the revisions clarify the point at which a tendered admission is no longer confidential and correct a cross reference.

Under the proposed changes, conditional admissions shall remain confidential until: (a) the Supreme Court issues an order approving or modifying the Adjudicatory Panel’s recommendation; or

(b) the Commission on Practice enters an order imposing public discipline as provided in subsection D of the rule.

The order including the proposed changes is posted at www.montanabar. org under “Recent Court Orders.”

Comment period on Rules of Civil Procedure, Appellate Procedure

The Court has opened a 30-day comment period for proposed revisions to of the Montana Rules of Civil Procedure and the Rules of Appellate Procedure.

According to the order in cases No. AF-07-0157 and AF 07-0016, the proposed changes would remove direction to the court in M.R. Civ.P. Rule 58(e) that is more appropriately located in the Rules of Appellate Procedure. The proposal also would eliminate administrative dificulties that Rule 58(e) poses by placing premature appeals in a suspended status; and more clearly advise litigating parties as to the disposition of appeals that are prematurely filed in the Supreme Court.

The orders for the two comment periods including the proposed changes are posted at www.montanabar.org under “Recent Court Orders.”

Comments in both cases can be filed with the Supreme Court by Friday, Sept. 3.