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Bar groups oppose bill to limit disciplinary referrals for elected attorneys

2753127 · March 24, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

Senate Bill 49 would bar referrals to the Office of Disciplinary Counsel for certain elected officials who are attorneys when acting within official duties; the State Bar and other opponents said the bill would grant an improper ethics waiver and likely conflict with the Montana Constitution's allocation of lawyer regulation to the Supreme Court

Senate Bill 49, introduced in committee by Senator Barry Usher, would prevent referral to the Office of Disciplinary Counsel for certain public officials who also are attorneys when the conduct occurred "in the accordance of their duties" as elected officers. Usher described the bill as protecting speech by constitutional officers while acting in their official capacities and said it would not apply when the official is acting in a judicial proceeding or private legal practice.

The State Bar of Montana…

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