Serving Southern Jefferson County in the Great State of Montana

Dear Editor: We All Need to Sign This Initiative

Dear Editor,

Our Montana code has about 70-75 occupations[1] where if one wants, one can go to the state and take an exam. When they pass the exam they can then be qualified by the state to do business under their certification. These certifications are essentially under the jurisdiction of the state legislature.

Not so with becoming an attorney. To get that certification[2], one has to first graduate from an "approved by an American Bar Association" college[3] or school. Then and only then can one take their Montana State Bar exam from the MT State Bar Association. Not from the state, like other certifications but from the MT State Bar itself. This MT State Bar exam is under the jurisdiction of our MT State Courts[4] instead of our state legislature as are the other certifications[5].

This is a classic monopoly. It is non-competitive and designed to limit those who can be "authorized" to practice law within our state. I know of several folks who would take and likely pass an open, available-to-anyone, exam.

The problem has a further implication than what I have described. If one wants to be elected as a judge[6] one must first be an attorney. Are judges then part of the attorney good ole boy club? Think about that for a moment! Then ask yourself: Are we part of a government subject to the people, or are we a people subject to the government?

A 12-year-old homeschooler from Red Lodge has proposed a constitutional initiative (CI-124[7]) to move the MT State Bar away from our courts and put it under the jurisdiction of our legislature. We ALL need to sign this initiative!

RUSSELL SIAS

985 Walsh Rd

Columbia Fall, MT 59912

[1] MCA 37-PROFESSIONS AND OCCUPATIONS,37- 1>76.

[2] MCAArticle VII-VII-2-(3), Rules For Admission To The Bar Of Montana, V, A, (1).

[3] Rules For Admission To The Bar Of Montana, V, C, (2).

[4] Rules For Admission To The Bar Of Montana, 1, A.

[5] MCA 37-1-101 (4).

[6] MCA 3-5-202 (1).

[7] https://sosmt.gov/elections/ballot_issues/proposed-2024-ballot-issues/

 

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