Fight ‘Em ‘Til We Can’t

Comes Now Fight ‘Em ‘Til We Can’t (hereinafter FETWC), pursuant to logic, reason, and basic consideration for others, and humbly moves the Honorable Montana Supreme Court to move its annual Swearing In session to a Friday or Monday in the fourth week of September or as soon as possible after the announcement of bar exam results.

FACTUAL BACKGROUND

1. Each year, the Montana Bar Association announces the results of the July sitting of the Montana Bar Exam on or about the third week of September.
2. In 2006, the Montana Bar Association mailed the results of the July bar exam to examinees on September 18. Nearly all examinees knew their results by mail as of September 20, and those results were published online on September 25.
3. The Montana Supreme Court scheduled a special session to accept new members into the Montana Bar on October 18, 2006. This was a full month after the Bar Association announced the results of the bar exam.
4. October 18, 2006 was a Wednesday. Wednesday is in the middle of the week.
5. Successful bar examinees cannot actually practice law in the state of Montana until they are sworn in.

BRIEF ARGUMENT

First, in the future, this Honorable Court should plan to hold its Swearing In session as soon as possible after bar results are announced in order to allow successful examinees to get to work. The current month-long delay between passing the bar and being sworn in is especially onerous for new public defenders and criminal defense attorneys who must sign motions, briefs, and other court documents on an almost daily basis.* This delay is entirely unnecessary and eliminating it would greatly benefit new attorneys who are ready to dedicate their energy and efforts to defending those accused of crimes.

Second, this Honorable Court should also hold its Swearing In session on a Monday or Friday to make it easier for the families and friends of successful examinees to travel to Helena for the event. Many family members or friends of successful examinees live far enough away that they must drive or fly a long distance to get to Helena. Holding the event in the middle of the week forces those people to take time off from work for travel on a Tuesday and then return travel on a Thursday in order to attend the event. If the event were held on a Monday or Friday, at least one of those travel days would not be a working day; therefore, it would be easier for friends and family to attend the event.

CONCLUSION

This Honorable Court should reschedule its Swearing-In session to occur as soon as possible after bar exam results are announced and to occur on a Monday or Friday because such a rescheduling will simply be more convenient for everyone involved.

Wherefore FETWC prays this Honorable Court will grant this motion and/or any other appropriate relief.

Respectfully submitted this 21st day of October, 2006.

* Yes, FETWC knows a new lawyer does not have to participate in the Swearing In at the Supreme Court, but FETWC respectfully wonders why people should have to choose between being sworn in the nice way and being sworn in quickly when It would be so simple to accomplish both by simply rescheduling the Supreme Court swearing in session.