February 28, 2014
IN THE MATTER OF THE APPOINTMENT OF A MEMBER TO THE COMMISSION ON PRACTICE OF THE SUPREME COURT OF THE STATE OF MONTANA
Rule 2 of the Rules for Lawyer Disciplinary Enforcement provides that appointments to the Commission on Practice shall be made by the Supreme Court from a list of three licensed and practicing attorneys submitted to the Court as having received the highest number of votes in an election by the Area resident members of the State Bar of Montana. Rule 2 further provides that this Court shall, by order, designate the time, place and method for the election of members for appointment to the Commission on Practice.
The term of the attorney member from Area A, Tracy A. Axelberg, is due to expire on April 1, 2014. Area A is comprised of the Fourth, Eleventh, Nineteenth, Twentieth and Twenty-first Judicial Districts (Mineral, Missoula, Flathead, Lincoln, Lake, Sanders and Ravalli Counties).
THEREFORE, IT IS NOW ORDERED:
1. An election shall be had in Area A for nomination of three resident bar members whose names shall be submitted to this Court, and this Court shall then appoint one of the three to membership on the Commission on Practice.
2. The election in Area A shall be the responsibility of District Judge Ted O. Lympus.
3. The election shall be conducted in the following manner:
(a) At the discretion of Judge Lympus, the election may be conducted either by e-mail or regular mail. Whether by e-mail or regular mail, the ballots shall be in the following form:
Mineral, Missoula, Flathead, Lincoln, Lake, Sanders and Ravalli Counties (4th, 11th, 19th, 20th and 21st Judicial Districts)
BALLOT FOR MEMBERS OF COMMISSION ON PRACTICE (Vote for Three)
The election will close March 25, 2014. Your ballot must be returned so as to reach its destination on or before that date.
(b) If the election is by e-mail, an e-mail shall be sent to each licensed and practicing attorney in Area A with an ascertainable e-mail address, informing the attorney of the election, and a ballot (in the form of an attachment) included.
(c) If a licensed and practicing attorney in Area A does not have an ascertainable e-mail address, a letter informing the attorney of the election and a ballot shall be sent, by regular mail, to the attorney. The attorney shall vote and return the ballot to the address listed below:
Honorable Ted O. Lympus Attn: Ballot 920 S. Main, Suite 310 Kalispell, MT 59901 (d) Judge Lympus shall prepare and distribute the ballots on or before March 11, 2014.
(e) Voted ballots must be returned to Judge Lympus on or before March 25, 2014.
(f) After March 25, 2014, the ballots are to be opened and counted by Judge Lympus. Judge Lympus shall then certify to this Court by no later than March 26, 2014, the names of the three attorneys in Area A receiving the highest number of votes.
The Clerk is directed to mail a copy of this Order to the Honorable Ted O. Lympus, to Marcy Hall, Flathead County Court Administrator, to each member of the Commission on Practice, and to Shelly Nash, Office Administrator for the Commission on Practice.