Rule 13 Noncompliance
Rule Text
A. Notice of Noncompliance. The Commission shall, by June 1 of each year, send a written notice of noncompliance to each member who has not fulfilled the CLE requirements for the previous year as documented by the official report compiled through the procedure outlined in Rule 7. The notice of noncompliance shall describe the nature of the noncompliance and shall state that, unless the member files an acceptable update to the official report with the Commission by July 1 of that year showing that the noncompliance has been corrected and pays the appropriate fees, the Commission will direct the State Bar of Montana to transfer the member to inactive status until the noncompliance is corrected and the fees required by Rule 7 are paid.
B. Notice of Transfer. No later than ten business days after July 1, the Commission shall furnish the names of the members and the effective date of their transfers to inactive status to the named members, to the Montana Supreme Court, to the Clerk of the Montana Supreme Court, to the Clerks of the District Courts of the State of Montana with the request that they provide a copy to the district judges in their judicial districts, to the Clerk of the Federal District Court of the District of Montana, with a request that the Clerk provide a copy to the United States District Judges in Montana, and to the Clerk of the Circuit Court of Appeals of the Ninth Circuit.
Joseph P. Mazurek Justice Building Website: courts.mt.gov/library 215 North Sanders Street Email: [email protected] PO Box 203004 Phone: 406-444-3660 Helena, MT 59620-3004 Fax: 406-444-3603
C. Transfer Not Punishment. The transfer of a member to inactive status pursuant to this Rule shall not be deemed a punishment or disciplinary action for purposes of the Montana Rules of Professional Conduct or the Montana Rules for Lawyer Disciplinary Enforcement.
D. Fee for Reinstatement. A member transferred to inactive status pursuant to this Rule shall apply for reinstatement as provided in Article I, Section 3(e) of the Bylaws of the State Bar of Montana and shall pay to the State Bar of Montana a fee equal to the greater of $200.00 or the usual and customary fee charged by the State Bar of Montana for transferring a member from inactive to active status.