Opinion
DA 23-0572
05-10-2024
SCARLET VAN GARDEREN, a minor by and through her guardians, Jessica van Garderen and Ewout van Garderen; JESSICA VAN GARDEREN, an individual; EWOUT VAN GARDEREN, an individual; PHOEBE CROSS, a minor by and through his guardians Molly Cross and Paul Cross; MOLLY CROSS, an individual; PAUL CROSS, an individual; JANE DOE, an individual; JOHN DOE, an individual; JUANITA HODAX, on behalf of herself and her patients, KATHERINE MISTRETTA, on behalf of herself and her patients, Plaintiffs and Appellees, v. STATE OF MONTANA; GREGORY GIANFORTE, in his official capacity as Governor of the State of Montana; AUSTIN KNUDSEN, in his official capacity as Attorney General; MONTANA BOARD OF MEDICAL EXAMINERS; MONTANA BOARD OF NURSING; MONTANA DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES; CHARLIE BRERETON, in his official capacity as Director of the Montana Department of Public Health and Human Services, Defendants and Appellants.
ORDER
Appellees Scarlett van Garderen, et al., via counsel of record, move this Court to allow Pelecanos to appear pro hac vice before this Court in the above-entitled cause. Appellees include no attachments with their motion.
Admission pro hac vice is governed by Rule VI of the Rules for Admission to the Bar of Montana. Rule VI(D) provides that applications for pro hac vice appearance must be obtained from the Bar Admissions Administrator. The Rule further sets forth the information the applicant must provide. Rule VI(E) requires that the applicant file the completed application, along with the requisite fee, with the Bar Admissions Administrator. After the Bar Admissions Administrator reviews and certifies the application pursuant to Rule VI(F), the Bar Admissions Administrator shall then forward the application to the appropriate court or agency, which shall then enter an order granting or refusing the application, pursuant to Rule VI(G).
In this instance, this Court is the appropriate recipient of the Bar Admissions Administrator's certification. This Court has not received such certification that Pelecanos has applied for admission pro hac vice. Furthermore, local counsel cannot circumvent Rule VI via motion.
IT IS THEREFORE ORDERED that Appellee's motion to allow Pelecanos to appear pro hac vice in the above-entitled cause is DENIED.
The Clerk is directed to provide copies of this order to all counsel of record in this appeal, and to the State Bar of Montana.