HB 965 proposed to amend Article VII, Section 2(3), of the Montana Constitution by removing rulemaking authority from the Montana Supreme Court to govern admission to the bar and the conduct of its members. I voted against this constitutional amendment because it would adversely affect the fundamental principles of the separation of powers and judicial independence.
If this bill had passed, Montana would have been the only state in the country in which the state’s highest court does not govern admission to the state bar and the conduct of its members. The proponents of this bill did not make any convincing arguments why our state should be the first to venture into this unknown territory.
Although the amendment does not state what happens to this rulemaking authority if it passes, the assumption is that it will transfer to the legislative branch. Why would the legislative branch want this rulemaking authority? Can the legislative branch do it better? Has the supreme court demonstrated that it is incapable of exercising this authority competently? Or is this just a power grab? If so, then why stop with the lawyers? What about doctors, accountants, engineers, etc.?
Paid for by Rusk for Legislature. P.O. Box 531, Corvallis, MT 59828. Republican.