Montana Lawyer October/November 2024

the majority, and the judiciary stands as a protection of the mi nority against the majority. But without lawyers, none of the other branches of government could function. The executive branch could devolve into a dictatorship if lawyers did not exist to challenge the exercised prerogatives of our chief executive, courts could not decide cases if lawyers did not bring them, and legislatures could run roughshod over constitutional rights if lawyers did not scrutinize their actions. Having been granted the privilege of practicing law, it is incumbent upon each of us to wield our influence and use our intelligence to bring about a more just society. If we do that, then we will help achieve the goal of forming a more perfect Union. Endnotes 1 Warren E. Burger, The Role of the Lawyer in Modern Society , 1975 BYU L. Rev. 581 (2013). 2 Phil C. Neal, De Tocqueville and the Role of the Lawyer in Society , 50 Marq. L. Rev. 607 (1967). 3 Id . at 611. 4 Honesty/Ethics in Professions, https://news.gallup. com/poll/1654/honesty-ethics-professions.aspx. 5 Anton-Hermann Chroust, Legal Profession in Colonial America , 34 Notre Dame L. Rev. 44 at 45 (1958). 6 Anton-Hermann Chroust, Legal Profession in Colonial America , 33 Notre Dame L. Rev. 51 at 65, 74 (1957).

would behoove us to consider the wellspring from which both of these initiatives arose. Despite the fact that it was inartfully drafted, the impetus behind CI-124 was to broaden access to the legal profession. Although a laudable goal, the broadening of access to the legal profession must be balanced against the need to provide protections for consumers of legal services. CI-125 would take us back to the vigilantism of the Wild West, but it is rooted in a belief that Montana citizens have the right to participate in legal processes. Both of these initiatives should cause us to engage in self examination with the goal of identifying and addressing the forces behind them. In the case of access to the legal profes sion, the State Bar could take a leadership role in supporting the development of an accredited online law school program for Montanans. We might also consider supporting an alterna tive pathway to Bar admission, such as the Supervised Practice Portfolio Examination approved last year by the Oregon Supreme Court. Although CI-125 would have upended the administration of criminal justice as we know it, it serves as a reminder that mistrust of lawyers is alive and well. A robust democracy depends on the participation of every one. The citizenry has an obligation to keep itself informed and to vote, the legislature enacts laws that reflect the will of

While the State Bar of Montana has strongly supported an independent judiciary and the independent judicial regulation of the legal profession, the views expressed here are my own, they are not the formal position or opinion of the State Bar and may not reflect the views of every Montana attorney.

THANK YOU TO 2024 ART FOR JUSTICE DONORS

A big THANK YOU to everyone who do nated auction items for the 2024 Art for Justice silent auction at this year’s State Bar of Montana Annual Meeting and for all who bid on the items. Thanks to you, this year’s auction raised $7,200 to benefit access to justice in Montana. A special thank you to Missoula lawyer and artist Matt Thiel for his yearly efforts organizing and donating art. 2024 ART FOR JUSTICE DONORS Judge Leslie Halligan & Mike Halligan (3-night stay, Whitefish condo) Judge Robert L. Deschamps (3-night stay, Flathead Lake condo) Cindy Thiel donated “Schooled” fabric art by Karen Winther and Untitled Welsh Corgi framed print

Nancy Dulop Cawdrey - “Close Encounter” framed original dye on silk Suzanne Shope - “Blue and Gold Series Waterworks” framed original acrylic on gold foil paper Tom and Patty Schupp - “Saturday Nite in Livingston Montana” framed cowpoke comic print by Orval Coop Susan Gobbs - “University of Montana” framed 1985 Monte Dolack print, “Eruption” print by Allison McGree, Untitled framed original watercolor by Audrey Powell, and Untitled framed print by Will James Betsy Brandborg - “Summer Dusk Little Belts” original oil painting by Taylor J. Lyde and “Little Bird Creek” original oil painting by Taylor J. Lyde

Eric Nord donated Untitled 19th Century oil painting by an unknown British artist Steve Fletcher - “Whitetail Camas” framed photograph on canvas and “Monet’s Reflection” framed photograph on canvas Laura and Matt Thiel - “Celebration of Sauvignon Blanc” wine basket Matt Thiel - “Autumn No. 1” framed original abstract oil on board and “October Moon” original oil on gallery wrapped canvas Stephani DeBoer - “August 2017” oil on gallery wrapped canvas James Todd - “Owl Man” signed wood cut print Kara Haygarth - “Blue Bison No. 1” giclee print

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