In an order by the Commission on Practice of the Montana Supreme Court, the Commission on Practice (COP) found that MT AG Knudsen was acting as an attorney, and on behalf of the people of Montana, who are the attorney general’s client. And, it found that the Montana Constitution also requires the state’s attorney general to be a member of the bar, which requires an oath to follow the rules of professional practice.
I am attending the annual MT state bar meeting via zoom today. The MT Supreme Court has oral arguments this morning at the MT annual state bar meeting, which I am watching.
The case is about the separation of powers between the executive and judicial branches, which was the same subject of the conflict between AG Knudsen and the MT Supreme Court which inspired AG Knudsen to disobey the Supreme Court order. It’s rather fun to watch because there has been references to the AG’s losing arguments in his ethics action. Kind of funny
This is a nice line.
“There is no basis for the contention that any part of this process has been ‘weaponized,’ a charge that seems a current popular label for public relations rather than substantive,” the commission said.
Interesting defense - The Attorney General isn’t bound by the rules that bind attorneys.
Such a weak argument. Particularly because we voluntarily agree to the rules of ethics when we are admitted to the bar. It’s in the oath we speak as we stand in front of the entire MT supreme court during the swearing-in ceremony.
Don’t take an oath unless you mean it, right?
By the way, after I was sworn in, my parents took us out to lunch at a nearby Thai place. The entire MT Supreme Court came into the restaurant a few minutes after we sat down. It was pretty fun. I love how small Montana is.