Matter of Dues Increase

2002 MT 257

• Court: Montana Supreme Court
• Decided: January 15, 2002
• Status: Published

Opinion

EDSMITH CLERK

MEMORANDUM

January 16, 2002

TO: JUDY MEADOWS, State Law Librarian FROM: ED SMITH, Clerk of the Supreme Court

Pursuant to the order of the Supreme Court dated January 15, 2002, I am requesting that the enclosed Order, IN RE THE ASSESSMENT OF DUES FOR PURPOSES OF FUNDING CHANGES TO MONTANA'S SYSTEM FOR DISCIPLINING LAWYERS, be posted on the Montana Law Library web cite (www.lawlibrary.state.mt.us). IN TllliSUPI

For purposes of implementing this Court’s December 11, 2001 Order, In Re: the

Creation of the Of$ce of Discipline Counsel; the Adoption of Structural Changes to the

Commission on Practice; and the Adoption of Changes to Montana’s System for Disciplining

La,vye,s, 2002 MT 257, representatives of this Court met with representatives of the

Supreme Court Administrator’s Office, the Commission on Practice and the State Bar of

Montana and studied costs and budget recommendations associated with the foregoing

changes to Montana’s system for disciplining lawyers. Such information is associated with

the original of this Order in the office of the Clerk of the Supreme Court.

Given that there are approximately 3,100 active members of the State Bar of Montana

and based upon the anticipated costs and the budget recommendations aforementioned, this

Court has determined that each active member ofthe State Bar of Montana shall be assessed

the sum of $75.00 per year which shall be earmarked for funding the changes to Montana’s

system for disciplining lawyers referred to in our December I I, 200 I Order, and for creating

a small reserve similarly earmarked for these purposes. This assessment shall commence

with the dues assessment for the year 2002, and shall be in addition to all other dues, fees and

assessments heretofore assessed, whether required by statute or previous order ofthis Court. The budgetary information aibrcmentioncd n~ay he cxanlinecl in the ollicc oI’thc Clerk

o1‘the Supreme Court.

IT IS SO ORDERED.

IT IS FURTHER ORDERED that the Clerk of this Court give notice of this Order,

by mail, to: the Chairman of the Commission on Practice and to eac,h member thereof; to the

President and Executive Director of the State Bar of Montana, with the request that this

Order be published prominently in the next available issue of the Montana Lawyer and be

posted to the State Bar of Montana’s webpage; and to the State Law Librarian for the State

of Montana with the request that this Order be posted to the State Law Library’s webpage.

. DATED this e\day of January, 2002. MONTANA SUPREME COURT OFFICE OF DISCIPLINE COUNCIL PROPOSED FY 2002 BUDGET

FY 2003 FY 2001 FY 2002 o f f i c e Of FY 2003 MO”,C3”.3 Montana Discipline SM.3 Commission Commission Council Bar Of on Pracfice on Practice PKlp0*ed Montana Line item Expenses Budget (1) Budget Share Discipline Counsel 0 70,000 70,000 InvestigatorlParalegal 0 35.000 35,000 Support Staff 0 25,000 25,000 Commission on Practice (1.5 FTE) 62,034 0 0 Health Insurance 6,960 13,200 13.200 PayraIl Expenses (Retirement, FICA, WC) 9.002 16,900 16.900 Personnel Expenses 77,996 102,834 160.100 180.100 102,834

Supplies and Miscellaneous 2,518 850 5,000 0 8,000 supply Expenses 2,518 850 5,000 0 8,000

Professional services 13,754 24.710 0 0 14,400 l”S”rance (CGL 8 Other) 0 4,000 0 0 Re”“Utilities and Parking 0 13.000 0 20.267 Travel 15,884 16,600 10,000 10,000 16,600 Postage 4.068 5,000 2,000 0 6,200 T&+lCl”dF~X 2.046 2,500 3.000 0 5.200 Pdnting 13,570 11,000 2.000 0 16.200 Training 0 4,500 4,500 0 Other Charges and Services Expenses 49,322 59,810 38,500 14,500 78,867

Stall-Up Costs (Furniture) 0 6,000 0 6,000 Equipmen, 797 7.500 0 7.500 Capital Expenses 797 13,500 0 13,500

SBM Indirect costs 0 19,500 19,500 0 Other Expensas 0 19.500 19,500 0 T o t a l Expenses 130.633 163,494 236,600 194,100 189,701 (2)

(1) This budge, is just the initial allocation. Adjusfments will be necessary-printing is underbudgeted and will need to be increased, probably lrom Professional Services. Supplies and Misc. is ako probably underbudgeted. FY2002 budge, includes pay plan approprialion I

Assessme”, per attorney needed $63.00 (based upon 3.108 active, non-jw dicial members and excluding inactive members) Assessment with Reserve $75.00 Reserve sho”,d be 3 months of payroll and expenses

(2) Commission on Practice approprialed amount for FY 2003