MR. JUSTICE WEBER delivered the Opinion of the Court.

The natural father of J.M.G., J.J.G., and C.C.G., appeals the June 10, 1986, judgment of the Nineteenth Judicial District Court, County of Lincoln, terminating the parental rights of the natural father and granting adoption to the stepfather. We affirm.

The natural father and natural mother were married in 1975. Three children were born of the marriage. The parties' marriage was dissolved on March 4, 1983, and the natural mother awarded custody of the children. The natural father moved to Oregon while the natural mother and children remained in Libby, Montana.

On April 7, 1983, the natural father was charged with custodial interference, a felony, and subsequently was incarcerated on the charge from July 18, 1983, to September 7, 1983. The natural father spent three days of this period at St. John's Hospital in Libby for treatment of anxiety and psychosis. On October 11, 1983, the natural father entered a guilty plea to the charge of custodial interference and received a two year deferred imposition of sentence.

The natural mother was remarried to S.A. May 5, 1984. On September 11, 1984, S.A. filed a petition to adopt J.M.G., J.J.G., and C.C.G. In the petition, S.A. alleged that pursuant to Section 40-8-111(1)(a)(v), MCA, the natural father's consent was not required due to his failure to provide child support during the year preceding the filing of the petition. Following the natural father's failure to appear the District Court granted the adoption on October 24, 1984. This decree was subsequently set aside and the District Court ordered that the matter be set for trial following discovery.

The matter came on for hearing March 26, 1986. Testimony was heard from the natural father and his mother, the natural mother, and a former attorney for the natural father. The parties did not dispute the fact that the natural father did not provide any support to his children during the period in question, September 11, 1983, through September 11, 1984. The natural father testified that he was physically and mentally incapable of working at that time. He had injured his knee in 1981 while working as a logger and was still unable to perform heavy labor. A workers' compensation settlement of $9500 was received by the natural father in July, 1983, which he gave to his mother and $2400 was applied to child support.

The natural father and his mother testified that his major problems during that period were psychological. He was taking thorazine, an antidepressant, and expressed suicidal ideas, had trouble sleeping, and his mother felt he was not competent to be left alone. The natural father assisted his mother in her sign business but his only compensation was room and board. The natural father did not perform any remunerative work until 1985. Up to that time his mother felt he was incapable of performing simple tasks.

David Harmon, the natural father's attorney during 1983 and early 1984, testified that conversing with the natural father during his incarceration was useless due to his anxiety and paranoia. However, the natural father's mental condition improved greatly following his release from jail. Harmon represented the natural father at hearings during October and November of 1983, and found him to be capable of discussing his legal problems. Harmon did not consider the natural father to be mentally impaired at that time, but found him to be obsessed with the possibility that his children might he taken away from him.

The natural mother testified that the natural father visited with the children in November, 1983, and exhibited no signs of mental problems. The natural mother further testified that following the natural father's knee injury he had performed some photography work, raised chickens which involved carrying heavy bags of feed and 5 gallon buckets, plus he jogged on a daily basis.

The District Court entered its findings of fact, conclusions of law and judgment June 10, 1986. The court found the natural father's consent to adoption to be unnecessary for failure to provide child support from July 11, 1983, through July 3, 1985, and granted the adoption. The natural father appeals and raises the following issues:

1) Whether there is substantial credible evidence supporting the termination of the natural father's parental rights?

2) Whether the District Court committed reversible errors of law in admitting certain evidence and in entering a decree of adoption?

The natural father contends several of the District Court's findings of fact are not supported by substantial evidence. Specifically, the natural father takes issue with the findings of the court that his emotional problems were best characterized as self-induced, that a portion of his lump sum settlement should have been applied toward child support, that he was able to maintain employment but did not by choice, and that he has voluntarily chosen a lifestyle to avoid gainful employment while allowing others to support him. We find substantial credible evidence in the record to support these findings.

The natural father was released from jail pending trial on the custodial interference charge. The release was due to his medical condition. The hospital record shows a final diagnosis of acute psychosis and anxiety but also contains a notation by one of the examining physicians that the natural father's condition might have been an act. The testimony of his former lawyer and the natural mother indicate that following release from incarceration the natural father was experiencing some anxiety but was not impaired in any manner.

The natural father asserts that his testimony as well as his mother's compel a finding that he was not mentally able to hold a job from September 11, 1983, to September 11, 1984. However, the natural father has offered no medical evidence of his condition during that period and admits that he did not visit any physicians or psychologists in regard to his alleged condition. Evidence concerning the natural father's mental condition during the year in question consisted solely of non-medical testimony. In a non-jury trial witness credibility and the weight of the testimony are matters to be determined by the District Court and we will not substitute our judgment for that of the District Court. Kuhlman v. Rivera (Mont. 1985), [ 216 Mont. 353,] 701 P.2d 982, 986, 42 St.Rep. 863, 868.

In this instance, the District Court relied on testimony that the natural father was not mentally impaired in determining that the natural father did not work by choice. We will not substitute our judgment for that of the district judge. Substantial evidence supports his conclusion.

Section 40-8-111(1)(a)(v), MCA, provides that the consent of the natural father is not required for adoption, "if it is proven to the satisfaction of the court that the father . . ., if able, has not contributed to the support of the child during a period of 1 year before the filing of a petition for adoption." This Court has previously held that the question of ability to pay child support also encompasses the ability to earn income and the desire to earn it. Matter of Adoption of B.L.P. (Mont. 1986), [ 224 Mont. 182,] 728 P.2d 803, 43 St.Rep. 2116.

In the present case, the District Court found that the natural father should have applied his lump sum settlement to child support. The record reflects he paid $2400 out of the $9500 settlement to clear up child support arrearage, but the remainder was given to his mother who spent it. We find no abuse of discretion in the court's determination that this money should have been applied to child support.

The District Court found that the natural father voluntarily chose a lifestyle to avoid gainful employment while allowing others to support him. The court further found that the natural father did not have any income from September, 1983, to December, 1984, and that he did not pay child support for a period of two years. Each of these findings is supported by the record. The natural father testified he wasn't capable of doing anything the first four or five months after his release from jail in September, 1983, yet he failed to make any serious efforts at obtaining employment and did not find remunerative employment until December of 1984. We agree with the District Court that the natural father was capable of maintaining regular employment but did not.

The second issue is whether the District Court committed reversible errors of law in admitting certain evidence and in entering a decree of adoption. The natural father contends the court erred in receiving evidence of events before and after the one year period preceding the filing of the adoption petition and permitting questions concerning the natural father's homosexuality. We find no reversible error in the court's admission of evidence.

The primary question before the District Court was the natural father's ability to work during the year in question. Evidence concerning events outside of that one year period were relevant as to the natural father's mental and physical condition during the subject year. The natural father's knee injury in 1981 and his activities thereafter including jogging, raising chickens, and performing photography, all related to the question of his physical condition.

The natural father's relationships with others were relevant as to his emotional and mental condition. The natural father claims he was mentally incapable of regular employment from September, 1983, through September, 1984. The District Court permitted testimony that following that year the natural father did find employment yet he still relied on others to support him. There is no indication that evidence of the natural father's homosexuality prejudiced him in any manner. The record supports the court's finding that the natural father has voluntarily chosen a lifestyle which permits him to avoid gainful employment while allowing others to support him.

The natural father contends that there should have been a two-step hearing process. First, a hearing as to terminating the natural father's parental rights, second, a hearing concerning fitness of the adoptive father and the best interests of the children. The record indicates the second step did occur but there is no transcript in the record.

The District Court granted the petition for adoption based upon its findings that the adoptive father is a fit and proper person to be allowed care and custody and that the adoption is in the best interests of the children. The natural father contends the decree of adoption was entered prematurely and is not supported by substantial evidence.

The record shows a hearing was held October 22, 1984, concerning the petition to adopt. The District Court granted the adoption finding it to be in the best interests of the children and the stepfather to be a fit and proper parent. The decree of adoption was subsequently set aside to allow the natural father to appear in the proceedings to determine whether the natural father had abandoned the children. There is no indication the stepfather's fitness to be an adoptive parent and the best interests of the children was relitigated.

Rule 9(b), Mont.App.R.Civ.P. provides in pertinent part:

"In all cases where the appellant intends to urge insufficiency of the evidence to support the verdict, order or judgment in the district court, it shall be the duty of the appellant to order the entire transcript of the evidence. Wherever the sufficiency of the evidence to support a special verdict or answer by a jury to an interrogatory, or to support a specific finding of fact by the trial court, is to be raised on the appeal by the appellant, he shall be under a duty to include in the transcript all evidence relevant to such verdict, answer or finding."

The appellant natural father has not provided the entire transcript of the proceedings of the October 22, 1984, hearing concerning the original petition to adopt. Therefore we will not address whether substantial evidence supports the finding that adoption by the stepfather is in the best interests of the children.

The District Court judgment is affirmed.

MR. CHIEF JUSTICE TURNAGE and MR. JUSTICES HARRISON, SHEEHY, GULBRANDSON and HUNT concur.

MR. JUSTICE WEBER delivered the Opinion of the Court.

IN THE MATTER OF ESTABLISHING RULES FOR ADMISSION TO THE BAR OF THE STATE OF MONTANA

Pursuant to the authority inherent in the Supreme Court for governing the qualifications of attorneys to practice law in Montana and as set forth in Section 37-61-101 et seq. MCA and Article VII, Section 2 of the Constitution of Montana (1972), the following Rules are hereby adopted which together with Chapter 61 of Title 37, MCA shall govern the admission to the practice of law in the State of Montana. Prior orders of this Court pertinent to Admission to the Bar of the State of Montana and in conflict herewith are hereby repealed.

Preliminary

In outline, the procedure (as hereinafter detailed in these Rules) for processing an applicant for admission to the Bar of Montana from application through examination and admission shall be as follows:

1. Any person can obtain any of the following documents from either the Clerk of this Court or from the Office of the State Bar of Montana, P.O. Box 4669, 2030 Eleventh Avenue, Helena, Montana 59604, upon payment of a $15.00 fee:

a) A copy of these Court Rules.

b) A pamphlet labeled "Instructions to and Information for Applicants for the Montana Bar Examination. (Appendix "A")

c) "Application and Questionnaire" (Appendix "B") together with required "Affidavit" and "Authorization and Release." An applicant who seeks eligibility to take the Montana Bar Examination shall register with the Office of the State Bar of Montana in timely fashion (Section III), complete and return the "Application and Questionnaire" to the State Bar Office within the time specified in Section III, and pay the specified fee to the State Bar by the applicable deadline.

2. The Committee on Character and Fitness (Section VI) of the State Bar of Montana shall process each Applicant's Application and Questionnaire and make a determination of the character and fitness of each applicant. The Committee shall then timely certify the names of approved applicants to the Clerk of this Court. All applicants shall also be notified of approval or disapproval.

3. The Clerk of Court shall advise the Administrator of the Board of Bar Examiners of the number and categories (MBE and/or Essay) of examinees for whom preparation for a Bar Examination must be made.

4. Prior to examination of approved applicants by the Board of Bar Examiners, the Clerk shall register each applicant for the examination, collect the specified bar examination fee and assign the applicant an identifying number which shall identify him/her throughout the examination process. On the day of commencement of the examination, the Clerk shall administer an examination oath to those approved to take the examination and submit the examinees to the Board of Bar Examiners for examination.

5. The Board of Bar Examiners shall conduct the bar examination (MBE and Essay Portions), determine those who have passed the total examination, and certify the identifying numbers of such individuals to the Clerk of Court for decoding as named individuals.

6. The Clerk shall notify the successful and unsuccessful examinees by mail, determine the Multistate Professional Responsibility Examination qualifications of each applicant for admission to the Bar and inform those applicants who have fulfilled all the requirements for admission to practice of the date of the ceremony set by the Supreme Court for formal admission to the State Bar of Montana.

SECTION I: CLASSIFICATION OF APPLICANTS

1. STUDENT APPLICANTS: A "Student Applicant" is an applicant who is not a "Foreign Applicant" or "Attorney Applicant" as defined herein. As of the time of his/her taking the Montana Bar Examination, a Student Applicant must be a graduate of a law school accredited by the American Bar Association. Such accreditation must pertain to the full period of the applicant's law school attendance and graduation. A Student Applicant may apply to the Committee on Character and Fitness to commence the processing of his/her "Application and Questionnaire" prior to graduation from law school. However, such non-graduate cannot make application or otherwise be processed prior to commencement of his/her final law school semester.

2. ATTORNEY APPLICANT: An "Attorney Applicant" is an applicant who has been admitted to practice law in any jurisdiction of the United States, the District of Columbia or any territory of the United States.

3. FOREIGN APPLICANTS: A "Foreign Applicant" is an applicant who either has been admitted to the practice of law in a foreign jurisdiction or who is a graduate of a law school which, because it is situated in a foreign country, has not been subject to accreditation by the American Bar Association. A Foreign Applicant shall first contact the Clerk of this Court and receive special instruction for submitting his/her petition to this Court. Thereafter the applicant shall proceed as directed by this Court. If the Court permits the applicant to take the Montana Bar Examination, the applicant shall be assigned a Student Applicant or an Attorney Applicant status. The Applicant will then be processed by the committee on Character and Fitness and, if eligible, shall take the Bar Examination.

4. ADMISSIONS PRO HAEC VICE: For the purpose of an individual case, no member of the bar of any non-Montana jurisdiction may appear in the courts of this state before complying with Section 37-61-208, MCA, and associating a licensed actively practicing attorney upon whom pleadings and other papers may be served and who shall be responsible for the ethical conduct of such attorney under the provisions of the Rules of Professional Conduct of the State Bar of Montana.

SECTION II: ADMISSION TO PRACTICE

For admission to practice law in Montana, all applicants must be approved by the Committee on Character and Fitness (Section IV), and pass the Montana Bar Examination (Section V) and the Multistate Professional Responsibility Examination (MPRE) (Section V, Paragraph 7).

SECTION III: REGISTRATION AND PROCESSING OF APPLICANTS

All Applicants must obtain from the Office of the Clerk of Court or the State Bar of Montana, 2030 Eleventh Avenue, Helena, Montana 59620, an "Application and Questionnaire" and affixed "Affidavit" and "Authorization and Release" and complete and return the same together with all required supporting documents to the State Bar Office by:

(a) October 1 (as to the following February Examination)

(b) March 1 (as to the following July Examination)

At the time of filing the complete Application, the Applicant shall pay the following fees to the State Bar of Montana:

(a) Student Applicant .................................... $75.00 (b) Attorney Applicant ................................... $150.00

The Application and Questionnaire and the Instructions to and Information for Applicants may be modified from time to time by the Clerk of Court or the State Bar of Montana upon application to and approval by the Court.

SECTION IV: COMMITTEE ON CHARACTER AND FITNESS

By this order this Court hereby creates a Committee on Character and Fitness, the membership, powers and duties of which are as follows:

1. Composition, Nomination and Appointment: The Committee shall consist of three practicing Montana attorneys nominated by the State Bar of Montana and appointed by this Court. The term of office of each nominee shall be until his or her successor is nominated and appointed. (The State Bar of Montana may establish staggered terms of office).

2. Duties and Immunities: The Committee on Character and Fitness shall act on behalf of this Court to investigate and determine the moral character and fitness of each Applicant to take the Montana Bar Examination. In such function, the Committee, its members, employees and all personnel through whom the Committee functions shall enjoy such judicial immunities as this Court would have if performing the same functions.

3. Standard of Character and Fitness: Every Applicant for the Montana Bar Examination must be of good moral character. Good moral character shall be presumed by the Committee on Character and Fitness and thereafter certified to the Clerk of Court unless prior or present conduct of the applicant of which the Committee becomes aware would, in the opinion and discretion of the Committee, cause a reasonable person to believe that such applicant would, if admitted to practice law in Montana, be unable or unwilling to act in accordance with the standards set forth in the Montana Rules of Professional Conduct, fairly, discretely, honestly, reasonably and with unquestionable integrity in all matters in which he or she acts as an attorney at law.

4. Investigation of Applicants: The Committee shall process the applicant's "Application and Questionnaire" and, where necessary, otherwise investigate and make a determination of the character and fitness of each applicant to take the Bar Examination. The Committee may receive and investigate any challenge to an applicant's character and fitness. Such investigation shall be conducted by the Committee in such time prior to each semi-annual Bar Examination as will permit the Committee to certify to the Clerk of this Court the names of those applicants who have been found to be of good moral character and fitness and thereby qualified to sit for the bar examination. Such persons shall be certified by January 1, for the February examination. Such persons shall be certified by June 1, for the July examination.

5. Questionnaires and Other Investigative Devices: The Committee shall provide an approved "Application and Questionnaire" for completion by the applicants as in the discretion of the Committee and consistent with these rules is necessary to make a determination of an applicant's character and fitness. That certain "Application and Questionnaire", (Appendix "B") has been reviewed and found proper by this Court for the Committee's initial use. From time to time the Committee may propose changes in such questionnaire, which changes shall become effective upon approval by this Court. The Committee shall provide the Clerk of this Court and the State Bar of Montana with a supply of such forms for issuance to Applicants.

6. Fees and Expenses of the Committee: The Committee shall not receive any compensation from State funds. Committee members shall be entitled to such travel and subsistence compensation as the State Bar of Montana provides for its committees. The Committee is authorized to engage such secretarial services and professional investigators as the Committee may deem necessary to accomplish its tasks. Fees for operation of the Committee collectible from the applicants shall be as follows:

(a) Student Applicant .................................... $75.00 (b) Attorney Applicants .................................. $150.00

Such fees shall be payable to the State Bar of Montana at the time the applicant returns his/her completed "Application and Questionnaire" to the State Bar Headquarters.

7. Committee Hearings; Rules of Procedure, Appeals: Any potential problems that arise as to an Applicant in the processing of his/her Application and Questionnaire may be discussed in informal communications between the Committee and Applicant. From time to time, substantial issues will arise which require formal trial and hearing before the Committee which may result in the Committee's disapproving the applicant's application and finding a lack of appropriate character and fitness to take the Bar Examination or be admitted to practice in Montana.

Prior to embarking upon its duties of investigation referred to herein, the first Committee on Character and Fitness shall prepare a procedural pamphlet which shall thereafter be made available to applicants or their attorneys and which shall set forth the procedures which will govern Committee hearings, whether informal or in the nature of a formal trial. Such procedures shall accord due process to applicants and also shall provide for a manner of appeal to this Court by an applicant who contests the final rulings of the Committee. Such proposed procedural rules shall be submitted to this Court for approval.

SECTION V: BOARD OF BAR EXAMINERS

Pursuant to prior orders and appointments by this Court, The Board of Bar Examiners shall consist of seven members and an Administrator. Such Board and its Administrator shall function subject to the continuing controlling jurisdiction and review of this Court. The Board's primary responsibilities are the preparation for and conduct of semi-annual examinations, as hereinafter detailed, the grading of the same under the Board's supervision and the determination of the examinees who have passed or who have failed such examinations. In such functions the Board and its members shall enjoy such judicial immunities as this Court would have if performing the same functions.

The current address of the Board Chairman and its Administrator are:

Robert A. Poore, Chairman Marcella Horgan, Administrator 2643 Ottawa Street Butte, Montana 59701 Phone: (406) 782-807

SECTION VI: MONTANA BAR EXAMINATION

The preparation for and conduct of the bar examinations shall be conducted by the Board of Bar Examiners consistent with the following rules:

1. There shall be two three-day bar examinations each calendar year commencing on the two days when the Multistate Bar Examination (MBE) is given nationally — presently the last Wednesday of the months of February and July.

2. The Bar Examination shall consist of the MBE as formulated, disseminated and graded by the National Conference of Bar Examiners (presently one full day) and eleven hours of one-hour essay questions (subparagraph 9 below) prepared, administered and graded under the auspices of the Board of Bar Examiners.

3. Essay answers shall be graded on a scale of zero to one hundred. A score of 70 on a particular question shall be considered to be a satisfactory or passing score. A total score of 770 as to all eleven essay answers shall be considered to be a potentially satisfactory or passing grade. A scaled score of 130 shall be considered to be a potential "pass" as to the MBE portion of the examination. However, the essay and MBE scores must be combined on a weighting ratio of two to one with the essay portion receiving the greater weight, and such total single score must be reviewed by the Board of Bar Examiners and scaled, where necessary in the Board's sole discretion, and a determination of a "pass" or "fail" made. To achieve the single, weighted score, the Board in its discretion may cause the Montana essay results to be combined with the Montana scaled MBE results on the specified two-to-one ratio so as to achieve the single, weighted final examination score which lies in the MBE range of figures rather than in the essay range of figures. Thus, the barely-passing, single, combined score would be in the area of 130 rather than 770. Such single score of 130 shall not be deemed inflexibly to be the lowest passing score. After reviewing the total examination results and gauging the same for difficulty against current and past MBE and essay results, the Board in its sole discretion may scale the examination results and determine a pass/fail cut-off score slightly above or below the initially targeted passing score of 130.

4. After making an initial determination of a scaled Pass/Fail demarcation line for the particular examination in question, the Board shall review the essay answers of the marginally unsuccessful examinees for purposes of possibly revising the individual scores of such examinees. The grades given the answers by the initial graders shall be presumed correct; however, if the Board believes as to any answer that a clear error was made by the grader, such grade may be increased or decreased in the Board's sole discretion. If the total of such revisions, if any, require a change in an individual examinee's score so as to bring it at or above the pass/fail demarcation line, the Board shall effect such change and "pass" such examinee prior to certifying the final list of pass-fail examinees by identifying number to the Clerk of the Supreme Court. Once the Board has completed its review of marginally unsuccessful examinees and has certified the final results to the Clerk of Court, no further review by the Board need be made, and Petitions by unsuccessful examinees for regrading or further Board review shall not lie.

5. The essay and MBE portions of the total examination may be taken separately by any applicant under the following rules:

a) The essay portion of the examination may be taken only in Montana.

b) Either the essay portion or the MBE portion shall have a carry-forward potential (at the examinee's sole discretion) for two calendar years. Thus, an essay or MBE portion taken in July, 1986, shall have a continuing vitality through the July, 1988 examination; however, the examinee must declare to the Clerk of this Court his/her intention to carry forward a particular grade when registering for a subsequent examination.

c) The examinee shall be the sole judge of whether the score under consideration is sufficiently high to merit carry-forward use. If two essay or MBE scores lie within a two-year carry-forward period, only the later score may be used.

d) Where one portion of the examination is a carry-forward score, the other portion must be taken in Montana during the validity period of the carry-forward score so that there can be a combination of MBE and essay scores (sub-paragraph "3" above) into a single score which shall be used as that examinee's final examination result for pass/fail purposes in the particular examination in question.

e) Scaled MBE results obtained in Montana may be obtained upon request from the Administrator, Board of Bar Examiners. The Administrator shall certify such results to any jurisdiction requested by the examinee.

6. An applicant for the Montana Bar Examination is limited to no more than three unsuccessful examinations; and the third examination must have been attempted within the period of five calendar years from the date of the first unsuccessful score. If special circumstances are believed by an applicant to exist allegedly justifying some exception to this rule, a petition to that effect may be filed with the Supreme Court; however, such petition shall not be granted except in the most extraordinary situations and shall not be a matter of right but shall be wholly discretionary with the Supreme Court. An "examination" occurs whenever an applicant (whether he/she takes only the MBE or only the essay portion, or both) is listed as an examinee by the Board and is awarded a "pass" or "fail" result.

7. Prior to admission to the Bar of Montana (but not necessarily prior to taking the Bar Examination), an applicant must have taken the Multistate Professional Responsibility Examination (MPRE) either in Montana or elsewhere and achieved a scaled score of not less than eighty (80). An MPRE score has a carry-forward validity of three years. (See Appendix "A", Section G for further details.)

8. Unsuccessful examinees may review their own essay examination results under the following rules for the sole purpose of determining educational or writing deficiencies and preparing for re-examination. Because of limited post-examination manpower, successful examinees shall not be accorded the privilege of essay examination review.

a) The examinee may go over his/her graded blue books at the office of any Board member upon giving a reasonable notice (the Blue Books must be obtained from the Clerk of the Court's office.)

b) In effectuating such study and review, the examinee may have copies of the essay questions and answer outlines used by the graders.

c) Upon request the Board Member will be available to counsel with the examinee as to how he/she can possibly improve future examination results.

d) Question reviews must be scheduled within 60 days after pass/fail results are announced — except with special permission of the Board member in question.

e) MBE results are not available for review in Montana before Board members.

f) Essay answers (Blue Books) will be destroyed by the Clerk of Court after two years unless litigation is pending as to a particular examinee.

9. The applicant to take the Montana Bar Examination should be prepared in the following legal subjects upon which essay questions may be propounded by the Board:

A. Contracts — including issues of damages;

B. Federal (but not Montana) Constitutional Law;

C. Criminal Law under Montana's codified Crimes and Criminal Procedure;

D. Evidence — including the codified Montana Rules of Evidence;

E. Property, both real and personal;

F. Torts — including issues of damages;

G. Business organizations — including partnerships, corporations and joint ventures;

H. Federal Taxation — including individual and corporate income taxation and federal estate and gift taxes. No Montana income or inheritance tax questions will be included;

I. Civil Procedure;

J. Domestic Relations — including Montana's laws on dissolution of marriage and adoption laws;

K. Uniform Commercial Code, Chapters One, Two, Three, Four, Six and Nine and excluding Chapters Five, Seven and Eight.

L. Security Interests in Real Property — including mortgages, deeds of trust and installment contracts.

M. Estates and Probate Proceedings — including wills, trusts, intestate succession;

N. Workers' Compensation

O. Administrative Law — including the Montana Administrative Procedure Act and the Attorney General's Model Rules (Section 2-4-202, MCA, 1979);

P. Montana Water Law.

10. Examples of past essay questions are available at the office of the Clerk of the Supreme Court at a duplicating cost. The Board may engage the professional services of law professors to prepare essay questions and answer outlines.

11. The Board may engage the services of active members of the State Bar of Montana to grade essay questions.

12. Not later than the time of being assigned a Montana examination number by the Clerk of the Supreme Court, an essay applicant shall pay an examination fee of $350.00 to the Clerk of the Supreme Court. One-half of such fee is refundable up until the date of the commencement of the examination if an applicant withdraws his/her application. If the examinee fails the examination, he/she may take one more essay examination without charge. Fees required by the National Conference of Bar Examiners for MBE examinations shall be collected by the Clerk of the Court no later than an examinee's being assigned a Montana examination number and shall be remitted to the National Conference of Bar Examiners. Fees paid for the MBE which is not taken by the applicant are not refundable.

13. The oath which shall be administered to all examinees prior to the commencement of the examination shall be:

OATH

"I, (state your name), do solemnly affirm: That I am the person registered with the Clerk of the Montana Supreme Court, in my true name just recited, to take this examination:

"That I will not ask for or accept any aid or assistance from any person or source in answering questions in this examination, nor provide any such assistance to any other examinee."

14. Certificate of Admission, Membership and Fees.

a) Before a successful applicant is recommended to the Supreme Court for admission to the Bar, the applicant shall pay the following fees:

1) $50.00 enrollment fee, payable to the Clerk of Court;

2) $10.00 annual attorney's license tax, payable to the Clerk of Court;

3) Appropriate State Bar Fees, dues or assessments, payable to the State Bar of Montana.

b) If the applicant fails to comply with Subsection (a) and fails to appear for admission to the Bar within six months after being called to appear before the Supreme Court for admission, the approval of his/her application for admission to the Bar shall be deemed withdrawn. The Clerk of Court may reapprove such application upon a satisfactory showing of the qualifications of the applicant at the time he appears for admission to the Bar, or may grant an extension of the time for making appearance upon application based upon good cause.

c) Each attorney admitted to the State Bar of Montana shall pay the annual attorney's license fee as provided by law. With the exception of attorneys who assume judicial office, when an attorney discontinues the payment of the annual license fee for three consecutive years, that attorney's name shall be removed from the list of persons engaged in the practice of law, and shall be restored to active practice only by an order of the Supreme Court of Montana which shall be based upon an application for reinstatement.

In the exercise of its discretion, the Court may waive these requirements.

d) No certificates of admission or of good standing in the Bar of the State of Montana shall be given unless the applicant's name is on the list of persons engaged in the active practice of law and is a member in good standing of the State Bar of Montana.

e) Readmission of inactive members to active status shall be by application in writing, verified by the petitioner, addressed to and filed with the Clerk of the Supreme Court. The Supreme Court shall enter such order as it deems appropriate based upon the application.

f) Before the attorney's license is issued, each attorney admitted to practice must sign the roll of attorneys kept by the Clerk of the Supreme Court and must sign a form containing the following oath before a judicial officer of the state:

"I do affirm:

"I will support the Constitution of the United States and the Constitution of the State of Montana;

"I will maintain the respect due to courts of justice and judicial officers;

"I will not counsel or maintain any proceedings which shall appear to me to be taken in bad faith or any defense except such as I believe to be honestly debatable under the law of the land;

"I will employ for the purpose of maintaining the causes confided to me such means only as are consistent with truth and honor, and will never seek to mislead the judge or jury by an artifice or false statement of fact or law;

"I will maintain the confidence and preserve inviolate the secrets of my client, and will accept no compensation in connection with his business except from him or with his knowledge or approval;

"I will be candid, fair, and courteous before the court and with other attorneys, and advance no fact prejudicial to the honor or reputation of the party or witness, unless required by the justice of the cause with which I am charged;

"I shall faithfully discharge the duties of an attorney and counselor at law with fidelity to the best of my knowledge and ability;

"I will strive to uphold the honor and to maintain the dignity of the profession to improve not only the law but the administration of justice."

g) At the formal swearing in ceremony, the Clerk of this Court will give the following oath to the attorneys being admitted to practice:

"I solemnly affirm that I will support the Constitution of the United States, and the Constitution of the State of Montana, and faithfully discharge the duties of an Attorney and Counselor-at-law to the best of my knowledge and ability. I accept and will faithfully follow the Rules of Professional Conduct promulgated by the Supreme Court of Montana."

SECTION VII: EFFECTIVE DATE, COMMENTS UPON AND CHANGES IN RULES

1. The effective date of these 1987 Rules is January 13, 1987. All applications filed on or after January 13, 1987, shall be controlled by these 1987 Rules. In a similar manner, the July 1987 Montana Bar Examination and all subsequent Montana Bar Examinations shall be controlled by these 1987 Rules.

Applications for the February 1987 Montana Bar Examination are to be controlled by Rule XXV as promulgated by this Court on June 18, 1985; and the February 1987 Montana Bar Examination also shall be controlled by Rule XXV.

2. The Judiciary of Montana and the members of the State Bar of Montana are invited to submit comments on the 1987 Rules. Such comments shall be filed with the Clerk of this Court on or before February 28, 1987. Following the receipt of such comments, this Court will consider the same and make such changes as it finds to be appropriate.

3. The 1987 Rules have been prepared and submitted by the Commission Concerning Rules of Admission to Practice Law in the State of Montana chaired by Robert A. Poore, Esq., with the following members:

Ms. Annie M. Bartos Ms. Margaret S. Davis Sam E. Haddon, Esq. Max A. Hansen, Esq. Ted James, Esq. Honorable Henry Loble Cresap S. McCracken, Esq. Joseph G. Mudd, Esq. Robert G. Mullendore, Esq. Hal G. Stearns

We express our thanks and appreciation for the continuing and diligent efforts on the part of this Commission. The assistance of each member has been invaluable.

The 1987 Rules require all applicants to pass Montana Bar Examination. This Court has requested further study and recommendations on the part of the Commission as to applicants who have passed the bar examination given in another of the United States and who also meet all of the balance of the requirements for admission under the 1987 Rules. This Court has requested the Commission to attempt to complete its study and recommendations by no later than April 1, 1987. The Court will then consider the same and adopt such additional changes in the 1987 Rules as are found to be appropriate.

4. The Clerk of this Court is directed to mail copies of these rules to the following:

— District Court Judges of the State of Montana;

— Clerks of the District Courts of the State of Montana;

— United States District Court Judges of the State of Montana;

— Clerks of the United States District Courts of the State of Montana;

— President and Secretary of the State Bar of Montana;

— The President and Secretary of the Montana Trial Lawyers Association;

— West Publishing Company, with a request that it be published in the Pacific Reporter;

— State Reporter, with a request that it be published in the State Reporter.

DATED this 30th day of December, 1986.

s/ J.A. Turnage, Chief Justice s/ John Conway Harrison, Justice s/ Frank B. Morrison, Jr., Justice s/ Fred J. Weber, Justice s/ John C. Sheehy, Justice s/ L.C. Gulbrandson, Justice s/ William E. Hunt, Sr., Justice

APPENDIX "A" INSTRUCTIONS TO APPLICANTS FOR THE MONTANA BAR EXAMINATION

A. OUTLINE OF PROCEDURAL STEPS NECESSARY TO BE PROCESSED THROUGH COMMITTEE ON CHARACTER AND FITNESS:

Before an Applicant will be permitted to take the Montana Bar Examination (Section D) he/she must be certified to take such Examination by the Committee on Character and Fitness. The Committee Offices are at the State Bar of Montana, 2030 — 11th Avenue, P.O. Box 4669, Helena, Montana 59620. All applicants shall complete and file with the Committee an "Application and Questionnaire." Documents necessary for making Application are available upon payment of a $15.00 fee either at the Office of the Clerk of the Supreme Court or at the Office of the State Bar of Montana.

The procedure for completing and filing the Application and Questionnaire and paying the appropriate investigation fee is as follows:

1. Obtain and complete the Application and Questionnaire — including the Authorization and Release, concluding Affidavit, and all other required supporting documents. REMEMBER that if an Applicant furnishes significantly false or incomplete information, his/her Application may be summarily rejected by the Committee.

2. File the complete Questionnaire with the Committee on Character and Fitness at its Helena, Montana Office by the following:

a) By October 1 for the February Examination.

b) By March 1 for the July Examination.

3. Pay the following processing fee to the State Bar of Montana at the time of filing the Application and Questionnaire.

a) Student Applicants ............................... $75.00 b) Attorney Applicants .............................. $150.00

Applicants who are found qualified by the Committee on Character and Fitness to take the Bar Examination will be so notified by the Committee and their names certified to the Clerk of Court for Bar Examination purposes. Unqualified applicants will be notified by the Committee on Character and Fitness and informed of the reasons for rejection of the application. At the time the Clerk of the Supreme Court registers an Applicant to take the Bar Examination, the following examination fees will be payable.

a) National MBE Fee ................................. $23.00 b) Montana Essay Examination Fee .................... $350.00

(The Clerk of Court will instruct the Applicant as to proper payees for such fees.

B. SUPPORTING DOCUMENTS REQUIRED FOR "APPLICATION AND QUESTIONNAIRE"

The following documents shall be submitted by an Applicant in support of his/her Application to the State Bar of Montana:

1. Set of fingerprints. Applicants can be finger-printed through the Montana Justice Department Identification Bureau, Room 234 Scott Hart Building, 303 Roberts, Helena, Montana or most other law enforcement agencies. The Applicant should provide the finger-printing source with an 8 1/2 x 11", postage pre-paid envelope. Fingerprints shall be forwarded by the agency to the State Bar of Montana, 2030 — 11th Avenue, Helena, Montana 59620.

2. Certified copy of Birth Certificate.

3. Recent photograph, passport-type (including head and shoulders), 2 1/2 x 2 1/2 inches size, and signed by the Applicant on the back in ink with the Applicant's customary signature.

4. Student Applicants: With their application, student applicants must file the following certificates on letterheads of persons or institutions making the same:

a) Transcript of credits from law school showing subjects studied, grades obtained, and degree awarded.[*]

b) Certificate from law school showing the number of years of academic and professional study required for a law degree from such school.

c) Affidavits stating applicant is a person of good moral character from two persons unrelated to applicant and not fellow students, stating the length of time applicant has been known to the person making the certificate, the nature of their association, and any facts concerning the applicant of which such person has knowledge. Said affidavits shall be original documents and shall be notarized.

d) Affidavits as to moral character, from two attorneys, unrelated to applicant, and not fellow students, similar to those required by the next preceding paragraph.

[*] In the event the time frame renders it impossible to provide a transcript as set forth in paragraph "1" above, the Clerk of the Supreme Court will accept a certification from the Office of the Dean of the Law School, to the effect that the applicant has met all of the requirements for graduation and that the applicant will graduate at the specified time, along with the application. However, the transcript must be filed before the applicant will be allowed to sit for the examination.

5. Attorney Applicants: Attorney applicants must file the following certificates in support of their applications:

a) Certificate under the seal of the highest court in the jurisdiction in which he has resided and practiced, dated not more than three months prior to the filing of the application, showing the date of his admission to the Bar thereof, his standing therein, and whether or not any disciplinary proceedings have been initiated against him, and if so, the result thereof.

b) A certificate of the chief administrative officer of the Bar of the state from which he seeks admission if said Bar is integrated or unified, on the official letterhead of that organization, to the effect that he is in good standing, and stating whether any disciplinary proceedings have been initiated against him, and if so, the result or status thereof.

c) 1. Certificates from two judges of courts of original general jurisdiction or appellate jurisdiction, on the official letterheads of the judges, bearing the court seal, showing the length of time the appellant has been engaged in the practice of law as a principal occupation. Certificates from two attorneys on their letterheads showing the dates during which the applicant has been engaged in the practice of law as principal occupation. Letters from two clients for whom he has handled legal business stating the nature of the business handled and whether or not the services have been satisfactory; or

2. Certificates from the Dean of an accredited Law School, in which the applicant has been engaged in teaching law, on official letterhead and bearing the seal of the school, showing the length of time that he has been so engaged; or

3. Certificate from the Secretary of State or other proper officer of the state wherein the applicant has served as a judge of a court of record, bearing the seal of the officer making the same, showing the dates during which he has so served; or

4. Certificate from the Judge Advocate Department showing service in the department in a legal capacity, and showing the dates he has served.

C. INSTRUCTIONS AS TO COMPLETING APPLICATION AND QUESTIONNAIRE:

1. Read the entire application carefully before making any entries.

2. Have answers typewritten or printed legibly.

3. Give specific answers to EACH PART of ALL questions. Do not leave any spaces blank. If the question is not applicable, so indicate in the space provided for the answer (n/a).

4. Give complete dates, i.e., month, day and year, wherever possible.

5. Complete all addresses, giving the street name and number, city and state. Include postal zip code.

6. Clearly identify clients, references, employers, associates, and partners, as such wherever their names are used.

7. Avoid the use of abbreviations, particularly those which are not self-explanatory, or provide an explanation where they are used.

8. When using additional paper to supplement answers, give the information in the same manner and order as is called for in the application. Put name and date on each sheet.

9. Please execute both the "Authorization and Release" and "Affidavit" at the conclusion of the Application and have them notarized.

D. INFORMATION AS TO MONTANA BAR EXAMINATION:

The Montana Bar Examination is a three-day examination given twice each year in Missoula, Montana, commencing the last Wednesdays of February and July.

Wednesday of each examination session is devoted to the Multistate Bar Examination (MBE). Thursday and Friday of each examination session are devoted to essay questions.

1. Examinees may typewrite answers to questions or may handwrite their answers in Blue Books provided by the Board. Typists will be separated from non-typists within the reasonable limits of the physical surrounding available. Applicants with particular physical, etc. problems pertinent to writing or typewriting an examination may specify such problems to the Board and seek special consideration. Such petitions to the Board must be filed with its administrator 30 days prior to the commencement of the examination.

a) The MBE is a six-hour, 200 item, multiple choice test given nationwide and which covers the following subjects:

Constitutional Law, 30 questions; Contracts, 40 questions; Criminal Law, 30 questions; Evidence, 30 questions; Real Property, 30 questions; and Torts, 40 questions. The questions are prepared and graded at national levels.

Montana will accept MBE scaled scores obtained at any testing site within two years prior to the date of the Montana examination at which they are to be used. Thus, transferred or prior Montana MBE scores taken in July 1986 will be acceptable through the July 1988 examination.

If an applicant to the Montana Bar desires to use a transferred MBE score (and so not take the currently given MBE test on the Wednesday of the Montana examination), IT IS HIS OR HER SOLE RESPONSIBILITY to cause the testing site or other keeper of the records of the examination in question to CERTIFY the SCALED MBE score to the Clerk of the Montana Supreme Court. Transferred scores must be registered with the Clerk's office by the time of the Montana examination unless special permission otherwise is first obtained. Upon request, the Board of Bar Examiners will certify scaled MBE scores obtained in Montana to other jurisdictions.

Nationally prepared booklets on the MBE exam with sample questions for study and answering suggestions are available without charge at the Clerk of Court's office.

b) THE ESSAY PORTION OF THE EXAMINATION:

An examinee must be prepared to answer essay questions on the following subjects. Where Montana law conflicts with the "general law," the Montana law will prevail:

A. Contracts — including issues of damages;

B. Federal (but not Montana) Constitutional law;

C. Criminal Law under Montana's codified Crimes and Criminal Procedure;

D. Evidence — including the codified Montana Rules of Evidence;

E. Property, both real and personal;

F. Torts — including issues of damages;

G. Business organizations — including partnerships, corporations and joint ventures

H. Federal Taxation — including individual and corporate income taxation and federal estate and gift taxes. No Montana income or inheritance tax questions will be included.

I. Civil Procedure;

J. Domestic Relations — including Montana's laws on dissolution of marriage and adoption laws;

K. Uniform Commercial Code, Chapters One, Two, Three, Four, Six and Nine, and excluding Chapters Five, Seven and Eight;

L. Security Interests in Real Property — including mortgages, deeds of trust and installment contracts;

M. Estates and Probate Proceedings — including wills, trusts, intestate succession;

N. Workers' Compensation;

O. Administrative Law — including the Montana Administrative Procedure Act and the Attorney General's Model Rules (Section 2-4-202, MCA, 1979);

P. Montana Water Law

The daily schedule for the essay portion of the examination is as follows:

Thursday, 9:00 a.m. — 12:00 Noon — write on three of four questions.

Thursday, 1:00 p.m. — 5:00 p.m. — write on four of five questions.

Friday, 9:00 a.m. — 1:00 p.m. — write on four of five questions. The essay questions are similar to standard law school essay questions and an hour is available to answer each question. At each session (morning and afternoon) one question must be omitted. There are three sessions and, hence, in the course of the essay examination, an examinee will write on eleven of fourteen essay questions.

c) PASSING THE BAR EXAMINATION IN SEGMENTS:

The essay portion of the examination, like the MBE portion, can be carried forward for a period of two years.

The essay and MBE portions of the total examination may be taken separately under the following rules:

a) The essay portion of the examination may be taken only in Montana.

b) Either the essay portion or the MBE portion shall have a carry forward potential (at the examinee's sole discretion) for two calendar years. Thus, an essay or MBE portion taken in July, 1986 shall have a continuing vitality through the July, 1988 examination; however, the examinee must declare to the Clerk of the Supreme Court his/her intention to carry forward a particular grade when registering for a subsequent examination.

c) The examinee shall be the sole judge of whether the score under consideration is sufficiently high to merit carry-forward use. If two essay or MBE scores lie within a two-year carry-forward period, only the latter score shall be used.

d) Where one portion of the examination is a carry-forward score, the other portion must be taken in Montana during the validity period of the carry-forward score so that there can be a combination of MBE and essay scores into a single score which shall be used as that examinee's final examination result for pass/fail purposes in the particular examination question.

Montana does not categorize separate MBE or essay scores, however high, as "Pass" or "Fail". This is because both MBE and essay results must be combined for a single score which is appraised by the Board of Bar Examiners in connection with all other examination scores as to the examination in question for Pass/Fail designation purposes. (SEE Court Order of ___________________________________, Section V. Paragraph 3.) Approximately 5 weeks are required to correlate the MBE and essay portion scores into final results.

d) UNSUCCESSFUL EXAMINEES:

Unsuccessful examinees only may review the essay portion of their examinations. (See Court Order of _________________, Section V, Paragraph 8.)

An unsuccessful examinee may not cause the Board of Bar Examiners to review or regrade his/her essay examination. (See Court Order of ________________, Section V, Paragraph 4.)

An unsuccessful examinee may retake the examination subject to the limitations and regulations of the Court's Order of ____________________, Section V, Paragraph 6. Basically, an unsuccessful examinee is entitled to three examination attempts within a five-year period.

E. THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION (MPRE):

Applicants who have successfully passed the Montana Bar Examination must, before being admitted to the Bar, have taken and passed the MPRE. A passing grade for Montana is a scaled score of 80 or more. MPRE examinations are prepared and graded on a national basis and are similar to MBE examinations in that they are multiple choice. The Law School at Missoula, Montana, is one of the many national testing sites. Examinations are given on specified dates at such sites during the months of March, August and November of each year. Applicants are required to register with the National Conference of Bar Examiners and obtain an ID card prior to taking the examination; hence, prospective examinees should promptly contact the following office for application forms and information:

National Conference of Bar Examiners MPRE Application Department P.O. Box 4001 Iowa City, Iowa 52243 Telephone: (319) 337-1287

It is the applicant's sole responsibility to have his or her scaled MPRE score certified to the Clerk of the Montana Supreme Court. MPRE scores are valid for three years from the date of the MPRE examination.

Having passed the MPRE is not a condition precedent to taking the Montana Bar Examination, but is a condition precedent to being admitted to practice law in Montana.

F. NOTIFICATION OF PASS FAIL; ADMISSION CEREMONY:

The Clerk of the Supreme Court will notify examinees by mail of the results of examination. Addresses and telephone numbers should be provided by the applicants. Approximately five weeks are required to correlate MBE and essay results.

Successful examinees of the general bar examination and who are also qualified for admission to practice by virtue of having passed the MPRE examination will be notified by the Clerk of the Court as to the time and place for the ceremonies pertinent to their admissions to the Bar of Montana.

See Supreme Court Order of ____________________, Section V, Paragraph 14, for information as to Oath of Office and membership in the State Bar of Montana. APPENDIX "B" APPLICATION AND QUESTIONNAIRE

All statements are to be based on your own knowledge, unless the statement is expressly qualified to show the source of your information. Answer all questions and make your answers as specific as possible. If the space for any answer is insufficient, you may complete your answer on a separate attached sheet. Please have the answers typewritten if possible.

1. State

(a) Full name ______________________________________________ Social Security # ______________________________________ Address ________________________________________________ (Street and Number) (City) (State) (Zip) Telephone ______________________________________________ (Home) (Office)

(b) Have you ever been known by any other name or surname? _________; if so state all names used and the places and times thereof. If a married woman, given maiden name.

(c) Date of birth ____________________ Age _________________ Birthplace _____________________________________________ (City) (State)

(d) Are you a citizen of the United States? _________________ If claiming citizenship other than by birth in the United States, state the basis of such claim and exhibit proof. If naturalized, state the date and name and location of the court with the Number of Certificate and the Petition number.

2. (a) State date of bar examination you wish to take. ________________________________________________________

(b) Circle one: MBE and Essay. MBE only. Essay only.

(c) I have/have not (circle one) taken the Multistate Professional Responsibility Examination (MPRE).

My scaled score was ___________. Date taken ___________.

(d) I have/have not (circle one) taken the Multistate Bar Examination (MBE).

My scaled score was ____________. Date taken __________.

(e) If you have taken the MPRE and/or MBE, it is incumbent on you to promptly transmit your scaled scores to the office of the Clerk of the Supreme Court.

3. State every residence you have had since you were 18 or for the last five years, whichever is the shorter time.

From To City and State Street Number (Mo. Year) (Mo. Year)

4. Are you a resident of Montana? _____________; if so, on what date did you become such a resident? _______________________

5. Parents: (if living)

Father _____________________________________________________ (Name) (Address)

Mother _____________________________________________________ (Name) (Address)

6. (a) Are you now or have you ever been married? _____________ If so, give date and place of each marriage and full name of spouse prior to that marriage.

(b) State whether or not you have ever been divorced. _____. If so, give the name of the spouse from whom divorced, the exact name and address of the court, case number, date, ground(s) of divorce, and by whom suit was brought, together with names and addresses of counsel.

(c) If a divorce suit is pending or a marriage has been annulled, give particulars similar to those requested under (b).

7. State all schools attended and indicate for each the information requested below:

(a) High School ____________________________________________ (Name) (Location)

(b) College or University other than law study: ________________________________________________________ (Name) (Location) Dates of attendance: From ___________ To _______________ ________________________________________________________ (Name) (Location) Dates of attendance: From _____________ To _____________ Degree __________________ School _______________________

(c) Law Study:

Law School ___________________________/ ________________ (Name) (Location) Day or Evening Dates of Attendance: From _______________ To ___________ Law School ___________________________/ ________________ (Name) (Location) Day or Evening Dates of Attendance: From _______________ To ___________ Degree _______________________. School _________________. Has this Law School been approved by the A.B.A. pertinent to the entire period of your attendance and graduation?

(d) Clinical or intern work while in law school: _______________________________________________________. Name of Firm or Employer

Address: ______________________________________________. (City) (State) (Zip) Dates: From __________________ To _____________________.

(e) Are you presently eligible to take the bar exam in the state where you obtained your JD? _____________________. If No, state reason(s).

8. Have you ever been dropped, suspended, or expelled from any school or college? _____________. If so, state facts fully.

9. Have you ever been a patient in any sanitarium, hospital or mental institution for the treatment of a mental illness? _________________. If so, attach statement giving full explanation, including name and address of doctor and institution. Explain the effect of your mental illness on your present or past ability to practice law.

10. Are you now, or have you ever been addicted to, or have you undergone treatment for, the use of narcotics or drugs or the excessive use of intoxicating liquors? ___________________. If so, attach statement giving full explanation.

11. Have you ever had any physical disability or undergone treatment for any health problem having a bearing upon your fitness to practice law? _____________. If so, detail the nature of disability and treatment and whether such condition presently exists.

12. Do you intend to ask for any special consideration in taking the Montana Bar Exam pertinent e.g. to sight, reading or other limitations? ___________. If so, please present details of limitations.

13. Are there any unsatisfied judgments against you? _______. If so, list them giving names and addresses of creditors, amounts, dates and the nature of the judgment(s), and the reasons for nonpayment.

14. (a) Have you, in your individual capacity, ever been a party to or had or claimed any interest in any civil proceeding? _______________.

(b) Have you ever been charged with arrested, or investigated regarding the violation of any law?

(c) Have you ever been charged with fraud, formally or informally, in any legal proceeding, civil or criminal or in bankruptcy? ______________.

(d) Have you ever been convicted of a felony, or misdemeanor? _________.

(e) Have you ever been declared a ward of any court? _______.

(f) Have you ever been adjudicated an incompetent person, an insane person by any court? _______________.

(g) Have you ever been adjudicated a bankrupt, or has a petition in bankruptcy been filed at any time by you or against you, either alone or in association with others? ____________. Have you ever been brought in as a party to any proceedings in a bankruptcy court; or have you ever been sued or threatened withsuit by the receiver, trustee, or other authority of any bankrupt estate, for unlawful preference, conspiracy to conceal assets, or any other fraud or offense, whether punishable by criminal act or not? ________________.

GIVE FULL DETAILS for (a), (b), (c), (d), (e), (f), and (g), including dates, exact name and location of court, if any; case numbers and references to the court records, if any; the facts regarding the disposition of the matter. If no court records are available, give to the best of your ability the names and addresses of all persons involved, including counsel. (Include all such incidents no matter how minor the infraction or whether guilty of any, except for minor traffic violations which did not involve a court appearance.)

15. Make a complete statement of all employment you have had, or business or occupations in which you have engaged since you were eighteen years of age, other than as set forth in question 7. Include temporary or part-time work. State as to each employment, business or other occupation:

(a) The periods during which you were so employed or engaged, with the exact dates.

(b) The exact addresses or the offices or places at which you were so employed or engaged and the names and present addresses of all such former employers, partners or associates in business, if any and specify relationship.

(c) The position you held.

(d) The reason for the termination of each employment, business, or other occupation.

16. Have you ever been discharged for unsatisfactory conduct? ____________. Have you ever resigned from any employment after being told that your conduct or work was not satisfactory? ____________. If so, state facts fully.

17. State any present employment, not listed under question 7 or 14, including beginning date, name and address of your employer, name and title of immediate supervisor, and the nature of your responsibilities. If self-employed, state name and nature of business, office address and names of associates, if any.

18. Give detailed statement regarding any service in the armed forces, including dates of active service, rank, serial number, locations, complete. State type of discharge.

____________________________ _____________________________ Branch of Service Serial Number

OTHER DETAILS:

19. Have you ever held a bonded position? ___________. If so, specify the nature of the position, dates, amount of bond and whether or not anyone ever sought to recover upon your bond or to cancel the same. State facts fully, including the name and address of the bonding company if any.

20. (a) Have your ever held a license, other than as an attorney at law, the procurement of which required proof of good character (i.e., certified public accountant, patent attorney, real estate broker, etc.) ______________. As to each license, state the date it was granted, and the name and address of the issuing authority.

(b) State every other application presented and examination taken by you for a license granted by the state or for any official position, the procurement of which required proof of good character, EXCEPT APPLICATIONS FOR ADMISSION TO THE BAR. As to each application, state the date, the name and address of the authority to whom it was addressed and the disposition made with reasons therefor. As to each examination, state the date and whether successful or unsuccessful.

21. (a) State every application presented and examination taken by you for admission to the bar. (This should include applications for reinstatement and any applications subsequently withdrawn). State as to each application, the date, the name and address of the authority to whom it was addressed and the disposition made with the reason.

QUESTIONS 22 THROUGH 28 NEED BE ANSWERED ONLY BY ATTORNEY APPLICANTS.

(If you are not answering questions 22 through 28, please complete questions 29 through end.)

22. If you have been previously admitted to the bar, state all jurisdictions and courts in which you have been admitted. Give dates of admissions to practice.

(a) Jurisdiction (b) Courts (c) Date of Admissions

23. Have you been entitled to practice in each of the locations specified under the question 22 and before each court continuously from the date you first became entitled until the date hereof? ____________. If not, state the dates during which you have not been so entitled, the nature of the disqualification, the facts and the name and address of the person or body in possession of the record thereof.

24. Give the name and location of each bar association of which you are or have been a member.

25. Have you been disbarred, suspended from practice, reprimanded, censured or otherwise disciplined or disqualified as an attorney or a member of any profession or organization, or holder of any office, public or private; or have any complaints or charges, formal or informal, every been made or filed or proceedings instituted against you? __________. If so, state the dates, the facts, the disposition of the matter, and the name and address of the authority in possession of the record thereof.

26. Have you ever held any judicial office? __________. If so, state where, when, offices held, and if terminated, the reasons therefor.

27. State names and addresses of three persons in each locality where you have practiced law with whom you are personally acquainted, preferably other than those referred to in your answer to question 7(d).

NAME ADDRESS OCCUPATION YEARS KNOWN

28. Make a complete statement of the general character of your practice of the law since first being admitted to practice in any jurisdiction. Include temporary or part-time work. State as to each employment or period of private practice:

(a) The periods during which you were employed as an attorney or engaged in private practice, with the exact dates. As to each period of practice, state whether during such entire period you were in good standing with all courts and bar associations.

(b) The firm name and address of all law firms with whom you have worked as a partner, associate, intern or otherwise.

(c) The nature and extent of your duties and/or practice.

(d) The reason for termination of each employment or period of private practice.

THE FOLLOWING QUESTIONS MUST BE ANSWERED BY ALL APPLICANTS:

29. Is there any other incident in your career, legal or otherwise, not hereinbefore referred to, having a bearing upon your character or fitness for admission to the bar? ___________. If so give full details.

30. Upon satisfying all of the requirements for admission to the State Bar of Montana, I hereby apply for recommendation to the Supreme Court for admission to practice law in the State Bar of Montana.

___________________________________ Applicant

AUTHORIZATION AND RELEASE

STATE OF __________________) ) ss County of _________________)

I, _________________________________, born at ______________, _____________________, on ____________________, having filed an application for admission to the bar of the State of Montana, hereby apply for a character report, and consent to have an investigation made as to my moral character, professional reputation and fitness for the practice of law, and such information as may be received, reported by the admitting authority. I agree to give any information which may be require in reference to my past record. I understand that I will not receive and am not entitled to a copy of the report or to know its contents, and I further understand that the contents of my character report are privileged.

I also authorize and request every person, firm, company, corporation, governmental agency, court, association or institution having control of any documents, records and other information pertaining to me to furnish to the State Bar of Montana, Board of Bar Examiners, State Supreme Court, and their agents and representatives, any such information, including documents, records, bar association files regarding charges or complaints filed against me, formal or informal, pending or closed, or any other pertinent data, and to permit the above-named persons or any of their agents or representatives to inspect and make copies of such documents, records, and other information.

I hereby request and authorize the Department of Defense to furnish to the above-named persons the record of each period of my service therein, and to furnish the character of service rendered for each period. My serial number was _______________.

I hereby release, discharge, exonerate the State Bar of Montana, the Montana State Supreme Court, and the Board of Bar Examiners, their agents and representatives, and any person so furnishing information from any and all liability of every nature and kind arising out of the furnishing, disclosure or inspection of such documents, records, and other information or the investigation made by the above-named agencies.

I have read the foregoing document and have answered all questions fully and frankly. The answers are complete and are true of my own knowledge.

______________________________ Applicant

Subscribed and 'Sworn to or affirmed before me this __________ day of ___________, 19__.

___________________________ Notary Public for the State of ______________________ Residing at: My commission expires:

ALL APPLICANTS MUST COMPLETE THE FOLLOWING AFFIDAVIT

STATE OF ______________________) ) ss County of _____________________)

I, the undersigned applicant, being first duly sworn on oath, depose and say or affirm that:

1. I am the applicant named in the foregoing application;

2. I have read the Rules of the Supreme Court of the State of Montana dated __________, relating to the admission to practice law in Montana, and I make this application in accordance with those rules;

3. I fully realize that the determination of whether I may be allowed to practice law in Montana depends on the truth and completeness of my answers in this application and the information furnished with it;

4. I have read the foregoing application, and the answers which I have given are true and complete;

5. I understand that if I have furnished significantly false or incomplete information, my application may be summarily rejected. I also understand that my obligation to furnish complete and accurate information in connection with this application is a continuing one, and accordingly, should anything occur or be discovered between the time this application is submitted and the time I am admitted which would change or render incomplete any portion of the information furnished in or in connection with this application, I will promptly notify the Board of Bar Examiners of the discrepancy and furnish the necessary information to correct or complete my application.

6. I will give any further information which may be required in connection with my application;

7. I hereby authorize the Supreme Court of Montana's Committee on Character and Fitness, Supreme Court of the State of Montana, the Board of Examiners, the State Bar of Montana or any agent or authorized representative thereof, to make a complete investigation of my character, financial responsibility and general fitness to practice law in Montana.

8. I hereby release and exonerate any person or organization supplying requested information, in connection with this application or the investigation or from furnishing information;

9. I understand that the information furnished in, and in connection with, this application is confidential and will not be disclosed to persons outside the Committee on Character and Fitness, Supreme Court of Montana, the Board of Bar Examiners, the State Bar of Montana, their agents representatives or respective staffs, without my prior consent; and that such application is and shall remain in the property of the Supreme Court.

_________________________ Applicant

Subscribed and sworn to or affirmed before me this ______ day of ____________, 19__.

_____________________________ Notary Public for the State of ____________________ Residing at: My commission expires: