D. Mont. L.R. 83.2

(a) Professional Rules. The standards of professional conduct of attorneys

appearing in this court include the American Bar Association’s Model Rules of

Professional Conduct and the Montana Rules of Professional Conduct. For a

willful violation of any professional rules or standards in connection with any

pending matter, an attorney is subject to appropriate disciplinary action and to

referral of the matter to the appropriate authority for disciplinary proceedings.

(b) Attorney Under Appointment of Court.

(1) Compensation. It is the duty of an attorney to act without

compensation whenever the attorney is appointed by the court to

represent an indigent person in any proceeding not covered by the

provisions of 18 U.S.C. § 3006A, except as otherwise provided by

statute or rule.

(2) Gratuities. Attorneys appointed by the court to represent an indigent

person may not, without specific approval of the court, accept or

solicit any money for any purpose from any person on account of the

representation. Any attorney violating this rule will be disciplined by

the court. If it comes to the attention of any attorney appointed to

represent an indigent that the person is in fact not indigent or has

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sources of money for payment of fees or costs, that fact must be

presented to the court, regardless of whether the attorney is permitted

to accept or solicit money on account of the representation.

(c) Attire. Lawyers must wear appropriate professional attire for all

proceedings before the court.

(d) Discipline, Suspension, and Disbarment.

(1) General Provisions.

(A) An attorney who appears in this court is subject to discipline

under this rule for:

(i) disciplinary sanction by a competent authority in any

state, federal, territory, commonwealth, or foreign

jurisdiction;

(ii) conviction of any crime of which the elements or

underlying facts may impact fitness to practice law;

(iii) any act or omission, including incompetence or

incapacity, that violates the professional rules set forth in

paragraph (a) above;

(iv) violation of any court order; or

(v) misrepresentation or concealment of a material fact made

in any application for admission or readmission to the bar

of this court.

(B) This rule does not limit any inherent power of the court, such as

contempt power, and does not preclude or condition imposition

of sanctions for violation of professional standards or an order,

rule, or other law.

(C) “Disciplinary Judge” means the Chief Judge or another district

judge designated by the Chief Judge to exercise authority in

matters of attorney discipline, suspension, or disbarment.

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(D) Except as otherwise provided by this rule, or unless the

Disciplinary Judge orders otherwise, proceedings under this

rule are confidential.

(E) Discipline imposed under this rule may consist of one or any

combination of the following:

(i) disbarment or suspension with or without conditions;

(ii) public censure or private reprimand;

(iii) probation with or without conditions;

(iv) restitution, fine, and/or assessment of costs, including

reasonable attorney fees; or

(v) referral to appropriate disciplinary authority.

(F) All proceedings under this rule involve the exercise of

discretionary judgment in inherently judicial functions. All

persons participating on behalf of or at the request of the court

in past, present, or future matters are immune from civil

liability.

(G) Costs of all proceedings under this rule will initially be borne

by the court, but payment of costs and reasonable attorney fees

may be imposed on a disciplined attorney.

(H) All documents submitted pursuant to this rule must be delivered

to the clerk of court, not to a judge’s chambers, and may be

enclosed in an envelope marked “Confidential Attorney

Matter.”

(I) The term “attorney” does not include a federal judge.

Complaints against judges must be filed in compliance with

procedures established by the Ninth Circuit Court of Appeals.

(2) Reciprocal Discipline.

(A) Duty to Notify of Pending Disciplinary Actions. Upon

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receiving notice from any jurisdiction that a disciplinary

authority has found probable cause to believe conduct

warranting discipline has occurred, an attorney must promptly

notify the clerk of court of the matter and provide copies of

documents issued in that action.

(B) Duty to Notify Clerk of Discipline Imposed in Another

Jurisdiction. Upon notice of the imposition of discipline in any

jurisdiction, an attorney must promptly notify the clerk of court

of the matter and provide copies of documents imposing

discipline. Failure to comply with this requirement waives the

right to object to imposition of reciprocal discipline in this

court.

(C) Show-Cause Order. Upon receiving notice of imposition of

discipline in a jurisdiction other than Montana, the Disciplinary

Judge will issue an order requiring the disciplined attorney to

show cause in no less than 21 days why the same discipline

should not be imposed in this court. The order will include:

(i) a requirement that the attorney either produce a certified

copy of the record from the other jurisdiction or show

why the record is not required;

(ii) a notice that failure to respond will result in imposition of

reciprocal discipline without further notice; and,

(iii) if the Disciplinary Judge did not receive notice from the

attorney under (d)(2)(B), notice that the attorney may be

deemed to have waived the right to object.

(D) Response by Attorney; Findings; Order.

(i) Failure to Respond or Comply. If the Disciplinary Judge

finds the attorney did not respond to the show-cause

order or did not comply with (d)(2), the identical

discipline will be imposed and the matter may be

continued under subsections (3) or (4).

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(ii) Identical Discipline; Exceptions. After considering the

attorney’s response, the Disciplinary Judge will impose

identical discipline unless:

(a) the attorney was deprived of fair notice or a fair

opportunity to be heard in the other jurisdiction;

(b) the proof establishing the misconduct was so

unreliable or lacking as to make a finding of

misconduct insupportable;

(c) a public censure has already been imposed and the

Disciplinary Judge finds it appropriate redress for

the attorney’s misconduct; or

(d) other substantial reasons counsel against

acceptance of the other jurisdiction’s conclusions.

(iii) Other Options. If the Disciplinary Judge declines to

impose identical discipline, lesser discipline may be

imposed, or the matter may be continued under

subsections (3) or (4) or closed without imposition of

discipline.

(E) Return to Good Standing. Where discipline consists of

suspension for a specific period of time and the other

jurisdiction returns the attorney to good standing at the end of

that period, the clerk may return the attorney to good standing

in this court.

(3) Attorneys Convicted of Crimes.

(A) Upon receipt of reliable proof that an attorney has pled guilty or

nolo contendere or been found guilty of a crime that may

impact the attorney’s fitness to practice law, the Disciplinary

Judge must immediately suspend the attorney from practice and

issue an order to the attorney to show cause why suspension is

inappropriate and why a lesser discipline or no discipline is

appropriate.

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(B) When the availability of direct and discretionary appeal has

been exhausted, a criminal conviction is conclusive evidence in

any disciplinary proceeding that the attorney committed the

crime.

(C) Upon receipt of reliable proof that a criminal conviction has

been reversed, the Disciplinary Judge must vacate any

disciplinary order that is based solely on the fact of conviction.

(4) Grievance Procedure. The following procedures apply when a judge

files a grievance against an attorney.

(A) Grievances.

(i) The clerk must notify the attorney and provide a copy of

the grievance.

(ii) The attorney shall not respond unless directed to do so by

the Disciplinary Judge.

(iii) A Disciplinary Judge who has not filed a grievance

against the attorney will review the grievance and may:

(a) decide that no action is warranted;

(b) refer the matter to another disciplinary authority;

(c) order an investigation; or

(d) after giving the attorney notice and an opportunity

to respond:

(1) decide that no action is warranted;

(2) impose private reprimand, restitution, fine,

and/or assessment of costs; or

(3) either:

(A) impose any discipline to which the

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attorney consents in writing; or

(B) order an investigation.

(iv) The clerk will notify the attorney of the Disciplinary

Judge’s decision.

(B) Investigation.

(i) The Disciplinary Judge may designate one or more

members of the bar of this court to investigate a

disciplinary matter.

(ii) The investigation must proceed expeditiously and must

recommend:

(a) dismissal of the grievance;

(b) intervention short of discipline; or

(c) filing of a formal complaint to initiate further

proceedings.

(iii) Where there is more than one investigator, the report

must be made jointly, but each investigator must make

his or her own recommendation.

(iv) Investigators are authorized to administer oaths and to

issue subpoenas.

(v) The attorney must be given a reasonable opportunity to

submit relevant evidence or statements.

(vi) The report must include copies of all witness statements,

all relevant documentary evidence, and a summary of

findings.

(C) Review by Disciplinary Judge. After review of the

investigative report, the Disciplinary Judge must:

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(i) dismiss the grievance;

(ii) refer the matter to another disciplinary authority and/or,

with the attorney’s consent, impose measures short of

discipline; or

(iii) designate one or more members of the bar of this court to

prosecute the matter.

(D) Prosecutor.

(i) The Disciplinary Judge may designate the investigator(s)

and/or one or more other members of the Bar of this court

to prosecute a disciplinary matter.

(ii) Prosecutors are authorized to administer oaths and to

issue subpoenas and may investigate the matter further

before and after filing a complaint.

(E) Complaint and Hearing.

(i) The prosecutor’s filing of a complaint will initiate a civil

action. The Disciplinary Judge or another Article III

judge who has not filed a grievance against the attorney

will preside.

(ii) The complaint must adequately inform the attorney of the

alleged misconduct. It must be served pursuant to Fed. R.

Civ. P. 4. A complaint may be amended.

(iii) The presiding judge must promptly hold a conference to

set a schedule for all proceedings.

(iv) The Federal Rules of Evidence apply. The presiding

judge will determine whether and to what extent the

Federal Rules of Civil Procedure apply.

(v) Evidence must be presented in open court. Neither party

has a right to a jury. Misconduct must be proved by clear

and convincing evidence. The parties must be permitted

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to present evidence and argument as to the merits,

mitigation, and appropriate discipline, if any.

(vi) Within a reasonable time after the close of the evidence,

the presiding judge must issue Findings of Fact and

Conclusions of Law and specify the disciplinary action to

be taken, if any.

(F) Decision. Entry of an order imposing discipline is final and

appealable to the United States Court of Appeals for the Ninth

Circuit. If disbarment, suspension, or public censure is imposed,

the clerk of court must notify the clerk of the Court of Appeals

for the Ninth Circuit and the disciplinary authorities in the

jurisdictions in which the attorney is admitted to practice.

(5) Reinstatement.

(A) Time for Petition.

(i) Any disbarred attorney may seek reinstatement at the

expiration of the term specified in the order imposing

disbarment or within ten years of entry of the order,

whichever comes first.

(ii) Any attorney on suspension or probation may seek

reinstatement after the attorney has served one-half the

total term imposed.

(iii) If the attorney was disbarred, suspended, or placed on

probation under subsection (2) of this rule, the attorney

may seek reinstatement when the jurisdiction originating

discipline recognizes a change in the attorney’s status.

(B) A petition for reinstatement must be filed with the clerk of

court. The attorney must demonstrate qualification and fitness

to practice law. The petition must be supported by competent

evidence and the attorney may request an evidentiary hearing.

(C) The Disciplinary Judge will hear the petition. Any expenses

incurred by the court may be assessed against the attorney

regardless of the decision.

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(D) The Disciplinary Judge may order full or conditional

reinstatement or deny reinstatement.

(E) The clerk of court must notify the clerk of the court of Appeals

for the Ninth Circuit and the disciplinary authorities in the

jurisdictions in which the attorney is admitted to practice of full

or conditional reinstatement.