Rule 2 Definitions

Except as otherwise indicated, the following definitions apply:

(a) “Applicant” as used in these rules refers to any person applying or reapplying for temporary or permanent admission to practice law in Montana, including those applying for admission on motion. This does not include those applying for admission pro hac vice.

(b) “Commission” as used in these rules refers to the Commission on Character and Fitness, whose members are appointed by the Montana Supreme Court.

(c) “Fitness” as used in these rules is the assessment of mental and emotional health and condition as it affects the competence of a prospective attorney. The purpose of requiring an applicant to possess this fitness is to exclude from the practice of law any person having a mental or emotional illness or condition which would be likely to prevent the person from carrying out duties to clients, courts or the profession. An applicant may be of good moral character, but may be incapacitated from proper discharge of his or her duties as an attorney by such illness or condition. The fitness required is a present fitness, and prior mental or emotional illness or conditions are relevant only so far as they indicate the existence of a present lack of fitness.

(d) “Good Moral Character” as used in these rules refers to the qualities of fairness, discreetness, honesty, reasonableness, unquestionable integrity and ability, and willingness to act in accordance with the standards set forth in the Montana Rules of Professional Conduct.

(e) “Certification” as used in these rules refers to permission to sit for the Montana bar examination and/or be admitted to the practice of law in Montana.

(f) “State Bar of Montana” is the entity administratively serving the Commission, providing staff and prosecutorial support.