- Commission

A. Membership, Appointment, and Terms. The Commission consists of nine Commissioners: six members admitted to practice law in the State of Montana, and three residents of the State not admitted to the practice of law. The State Bar shall nominate, and the Court shall appoint Commissioners for three-year terms. Each yearly class shall include two lawyers and one layperson. In addition, one member of the Montana Supreme Court shall serve as an ex-officio member of the Commission. The Commission shall designate one of its attorney members to serve as Chairperson for a term of two years. A Commission member may serve no more than two consecutive terms as Chairperson. The MCLE Administrator shall serve as Secretary to the Commission. The Court may terminate membership on the Commission in accordance with the Bylaws of the State Bar. In the event of a vacancy, the State Bar shall appoint a successor to serve the unexpired term. The successor will be given first consideration for appointment to a full term at the expiration of the interim appointment. The Commission has authority to act when a quorum is present. A quorum of the Commission consists of five or more of its members. B. Powers of the Commission. STATE LAW LIBRARY OF MONTANA Joseph P. Mazurek Justice Building 215 North Sanders Street PO Box 203004 Helena, MT 59620-3004 Website: courts.mt.gov/library Email: [email protected] Phone: 406-444-3660 Fax: 406-444-3603 1. The Commission shall administer and interpret these Rules. 2. The Commission shall: Determine whether, under Rules 8 and 9, all or portions of individual activities not presented by an Accredited Sponsor qualify as CLE activities; a. b. approved CLE activity; Determine the number of credit hours allowed for each c. Report annually to the Board of Trustees; d. Assess annual affidavit filing fees to pay the reasonable and necessary costs of administering these rules, assess penalty fees for failure to file affidavits as required by Rule 7, assess a fee for the reinstatement of members under Rule 14, assess sponsor fees, and assess other fees deemed necessary by the Commission; place of meetings shall be at the discretion of the Commission, subject to these Rules; e. Meet at least three times per year. The time, method, and the burden of proof; f. Place upon any member seeking to qualify under these Rules not in compliance with Rule 7 from active status to inactive status; and g. Direct the State Bar of Montana to transfer members who are STATE LAW LIBRARY OF MONTANA Joseph P. Mazurek Justice Building 215 North Sanders Street PO Box 203004 Helena, MT 59620-3004 Website: courts.mt.gov/library Email: [email protected] Phone: 406-444-3660 Fax: 406-444-3603 Refer to the Office of Disciplinary Counsel any member the Commission has reason to believe made misrepresentations regarding the completion of CLE requirements. i. 3. The Commission may take other action deemed necessary to administer these Rules. C. Committees. The Chairperson may appoint one or more committees, standing or ad hoc, as appropriate. The Chairperson shall appoint a standing committee known as the “Accreditation Committee” consisting of a least three Commissioners. The Accreditation Committee shall have the interim authority to determine requests for exemption or extension under Rule 6 and earned hours of accreditation under Rules 8 and 9. D. Expenses of the Commission. Members of the Commission shall not be compensated except for actual and necessary expenses incurred in the performance of Commission duties. E. Annual Budget. The Commission shall submit an annual budget to the Board of Trustees for approval. Expenses of the Commission shall not exceed the annual budget approved by the Board of Trustees. F. MCLE Administrator. The Commission may delegate its power to the MCLE Administrator pursuant to guidelines established by the Commission. At each meeting of the Commission, the STATE LAW LIBRARY OF MONTANA Joseph P. Mazurek Justice Building 215 North Sanders Street PO Box 203004 Helena, MT 59620-3004 Website: courts.mt.gov/library Email: [email protected] Phone: 406-444-3660 Fax: 406-444-3603 MCLE Administrator shall report on all determinations made subsequent to the preceding meeting of the Commission. G. Authority. The Commission shall operate, for administrative purposes only, under the general authority of the Board of Trustees. For all other purposes including amendments to the rules, recommendations for changes in the methods of operation, and reports on the effectiveness of enforcement, the Commission shall operate under the authority of the Court.