History & Constitution

History of the State Bar of Montana

The voluntary Montana Bar Association, established on January 8, 1885, had by 1889, the year Montana's first constitution was adopted, a standing committee on legal education and admission to the Bar. The State Bar of Montana was created by order of the Montana Supreme Court in January, 1974. In its Order, the Court provided that all persons practicing law in the state were obliged to be members of the State Bar. The purposes of the State Bar are to aid the courts in maintaining and improving the administration of justice; to foster, maintain and require on the part of attorneys high standards of integrity, learning, competence, public service and conduct; to safeguard proper professional interests of the local bar associations; to provide a forum for discussion of and effective action concerning subjects pertaining to the practice of law, the science of jurisprudence and law reform, and relations of the Bar to the public; to provide for continuing legal education of members of the Bar and to ensure that the responsibilities of the legal profession to the public are more effectively discharged. [Constitution of the State Bar of Montana, Article III, Purposes]

Constitution of the State Bar of Montana

ARTICLE II

ORGANIZATION

All persons admitted to the practice of law in the state of Montana are members of the State Bar of Montana. All such persons except judges of courts of record are dues paying members. Membership in the State Bar of Montana is a condition to practicing law in this state. Non-payment of membership dues and assessments shall result in suspension of membership and the right to practice law until payment of all dues, assessments and penalties in the manner provided by the by-laws.

ARTICLE III

PURPOSES

The purposes of the State Bar of Montana are to aid the courts in maintaining and improving the administration of justice; to foster and maintain and require on the part of those engaged in the practice of law high standards of integrity, learning, competence, public service, and conduct: to safeguard a forum for the discussion of and effective action concerning subjects pertaining to the practice of law, the science of jurisprudence and law reform, and relations of the bar to the public; to provide for the continuing legal education of members of the bar; and to insure that the responsibilities of the legal profession to the public are more effectively discharged.

ARTICLE IV

POWERS

The State Bar of Montana may sue and be sued, enter into contracts and acquire, hold, encumber and dispose of real and personal property.

ARTICLE V

LOCATION OF OFFICES

The principal office and place of business of the association shall be in Helena, Montana, but the Board of Trustees may authorize offices to be located at other places within the state of Montana.

ARTICLE VI

OFFICERS

Officers of the State Bar of Montana shall include a president, president-elect, a secretary-treasurer and a chairman of the Board. The duties, pow- ers, qualifications, nominations and election of officers shall be provided for in the by-laws.

ARTICLE VII

BOARD OF TRUSTEES

The State Bar of Montana shall be governed by a Board of twenty trustees, sixteen of whom shall be elected and four of whom shall be the Presi- dent, the President-Elect, the immediate past President and the Secretary-Treasurer. The duties and powers of the Board and the qualifications, nominations, and election of the state of the sixteen elective members shall be provided for in the by-laws.

ARTICLE VIII

EXECUTIVE COMMITTEE

The Board of Trustees shall provide for an Executive Committee consisting of the President, President-Elect, the immediate past President, the Sec- retary-Treasurer, and the Chairman of the Board of Trustees. The powers and duties of the Executive Committee shall be provided for in the by-laws.

ARTICLE IX

ANNUAL MEETING

There shall be an annual meeting of the members of the State Bar of Montana a at such time and place as is designated by the Board of Trustees, and such other meetings as may be provided in the by-laws.

ARTICLE X

DISSOLUTION

Upon the dissolution of the association, the Board of Trustees shall after paying or making provision for the payment of all its liabilities, dispose of all of the assets of the association exclusively for the purposes of the association in such manner, or to such organization or organizations organized and operated exclusively for charitable, educational, religious or scientific purposes as shall at the time qualify as exempt organization or organizations under the Internal Revenue Code of 1954 as the Board of Trustees shall determine. Any of such assets not so disposed of shall be disposed of by the district court of the county in which the principal office of the association is then located, exclusively for such purposes or to such organization or organizations, as said court shall determine, which are organized and operated exclusively for such purposes. In the event of dissolution of the association, no member shall be entitled to any distribution or division of its remaining property or its proceeds.

ARTICLE XI

AMENDMENT

Proposals for amendment or abrogation of provisions of this Constitution may be presented to the Supreme Court by (i) petition of the Board of Trustees; or (ii) petition of a regularly called meeting of the members of the association in respect to changes approved by a vote of a majority of members present.

ARTICLE XII

EFFECTIVE DATE

This Constitution shall be effective on March 1, 1975.