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Bill shielding certain elected attorneys from disciplinary referrals draws sharp opposition
Summary
Senate Bill 49 would prevent referrals to the Office of Disciplinary Counsel for specified constitutional officers and legislators who are attorneys when acting in official duties. The State Bar and multiple attorneys opposed the bill, calling it a threat to professional accountability and possibly unconstitutional.
Sen. Barry Usher pitched Senate Bill 49 as a narrow measure to protect constitutional officers and other elected officials who are also attorneys from referral to the Office of Disciplinary Counsel for actions taken in the course of their public duties. "It gives some immunity. It's free speech issue," Usher said.
Bruce Spencer, representing the State Bar of Montana, opposed the measure in strong terms. The State Bar's testimony argued that lawyers are "officers of the court" and must remain…
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