Montana Lawyer February/March 2025

The views expressed in this President’s Message are those of the State Bar President. They do not necessarily reflect the views of all State Bar members and are not an official position of the State Bar itself. accessed at https://www.umt.edu/montana-constitution/ articles/article-ii/ii-3.php#:~:text=3%2C%20Inalienable%20 rights.-,All%20persons%20are%20born%20free%20and%20 have%20certain%20inalienable%20rights,happiness%20 in%20all%20lawful%20ways (citing Locke, John, The Second Treaties, an Essay Concerning the True Original, Extent, and End of Civil Government (1698)). 3 2024 International IP Index, U.S. Chamber of Commerce (12th ed., Feb. 22, 2024), accessed at https://www. uschamber.com/intellectual-property/2024-ip-index. 4 Reissbourd, Richard and Murphy, Chris, We Have Put Individualism Ahed of the Common Good for Too Long, Time (Apr. 11, 2023), accessed at https://www.uschamber. com/intellectual-property/2024-ip-index. 5 The Global Rule of Law Recession Continues, World Justice Project, accessed at https://worldjusticeproject.org/ rule-of-law-index/. 6 The Constitution of the State of Montana, Article II, Declaration of Rights, Section 3, Inalienable Rights. 7 Montana Constitution, University of Montana,

The rule of law applies not only to human or civil rights but also to property and economic rights. These rights were enshrined in the U.S. Constitution, and they are also memorialized in the Montana Constitution, which af fords protection for “acquiring, possessing and protecting property….” 6 In his treatise on government, written a hundred years before our nation was formed, John Locke noted that man had the right to “preserve his Property… against the Injuries and Attempts of other Men…” 7 It is in this very arena—the protection and enforcement of prop erty rights—that many of us hone our craft and fulfill our mission of fostering the rule of law. Endnotes 1 Intellectual property and the U.S. economy: Third edition (March 17, 2022), accessed at https://www.uspto.gov/ sites/default/files/documents/uspto-ip-us-economy-third edition.pdf. 2 The Pillars of Free Enterprise Rest on IP, U.S. Chamber of Commerce (Feb. 22, 2024), accessed at https://www.uschamber.com/intellectual-property/ the-pillars-of-free-enterprise-rest-on-ip.

2023-2024 Legislative Interim Session Refund

At the close of the 2023 leg islative session, the Montana Legislature passed Senate Joint Resolution 31 to study the State Bar of Montana. Although under the Montana Constitution, the practice of law is regulated by the Montana Supreme Court and not the legislative branch, the State Bar did not oppose SJ31 and cooper ated with the Law & Justice Interim Committee throughout the 2023 24 Interim, including providing information to the committee and helping locate experts to testify on a variety of issues including bar admission and legal education. The Law & Justice Interim Committee completed its work in the fall of 2024 and recommended no legislation resulting from the SJ31 study. The Committee's report is located on the State Bar website under Legislative News. In 2024, a second committee of the Montana Senate was formed, the Senate Select Committee on Judicial Overreach and Reform. Again, at

the committee's request, the State Bar helped secure witnesses to testify on subjects such as attorney ethics and discipline and monitored the committee's work, providing testimony on topics under con sideration. Late last fall, the Select Committee decided to draft legisla tion directly involving the State Bar and the regulation of the profession. Those bills have now been intro duced in the 2025 legislative session. The State Bar does not typically engage in governmental affairs work over the legislative interim session, as that work does not involve pend ing legislation but is responsive to the various interim committees and involves monitoring their work. However, because SJ31 involved the study of the State Bar and the Select Committee examined issues involv ing attorney regulation and disci pline, during the 2023-24 interim, the State Bar decided to utilize the services of Bruce Spencer, our lob byist, and incurred some modest allocation of bar staff time during

the interim. Those Interim expenses total $17,108.48. The Executive Committee has concluded that the State Bar should issue a legislative refund for the 2023-24 Interim. As of December 2024, at the close of the Interim, the total number of active members was 4,242. Following Board Policy 3-104, the Executive Committee has calculated that the 2023-24 Interim refund is $4.03. Under Board Policy 3-104, active members seeking a refund for the 2023-24 Interim Session may write to the State Bar within 45 days of the date of publication of this issue of the Montana Lawer to request that refund. At the close of the 2025 Legislative Session, the State Bar will calculate a legislative refund for the 2025 session and publish it online and in the next available issue of the Montana Lawyer. For a list of bills the Stae Bar is has taken a position on, please see page 24.

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