01/08/2021

IN THE SUPREME COURT OF THE STATE FOF NgTANA Case Number: PR 06-0422

PR 06-0422 IL JAN 0 8 2021 Bowen Greenwood IN THE MATTER OF TI-IE PETITION OF Clerk of Supreme Court: State of Montana DAVID M.S. DEWHIRST ORDER

David M.S. Dewhirst has petitioned the Court to waive the three-year test requirement for the Multistate Professional Responsibility Exarnination (MPRE) for purposes of his application for admission by rnotion to the State Bar of Montana. Dewhirst has also filed a petition requesting provisional admission pending the completion of the admission process. By rule, applicants for admission by motion must provide evidence of the requisite score on an MPRE taken "within three years preceding the date of the application for admission." Rule IV.A.3, Rules of Admission. Dewhirst passed the MPRE in 2014 when seeking adrnission to the practice oflaw in the State of Washington, where he was admitted. The petition indicates that, since then, Dewhirst has actively practiced law and has not "faced any disciplinary or ethical issues." We conclude good cause supports the request. Dewhirst also seeks provisional, or ternporary, adrnission to the State Bar of Montana pending coinpletion ofthe adrnission on motion process. Dewhirst has been hired as Solicitor General for the Attorney General elected in Novernber, and faces "numerous legal matters the Attorney General has inherited that require imrnediate attention," including rnatters pending before the Suprerne Court of the United States, this Court, and other appellate courts. Upon issuance of this order granting his requested waiver of the MPRE, Dewhirst states he will have one remaining requirernent to satisfy for adrnission, that being completion of his character and fitness report from the National Council of Board Examiners, which he states could take "weeks."' Dewhirst has worked as a senior

Dewhirst explains he will take the Montana Law Seminar by video, which will remain a requirement for his admission on rnotion. counsel and deputy general counsel with the United States Departrnent of Commerce, a law clerk with the United States Court of Appeals for the Ninth Circuit, and as an in-house counsel and public interest litigator in the State of Washington. Given the time constraints irnposed by the election and commencement of a new administration, and the urgency of the pending serious matters regarding the State of Montana, we conclude good cause supports the request for granting oftemporary adrnission for the time necessary to cornplete the process of adrnission on motion, pursuant to this Court's inherent authority to govern the practice of law in Montana. Rule XI.A, Rules of Adrnission. IT IS HEREBY ORDERED that the petition of David M.S. Dewhirst to waive the three-year test requirernent for the MPRE for purposes of his current application for adrnission by rnotion to the State Bar of Montana is GRANTED. IT IS FURTHER ORDERED that the petition of David M.S. Dewhirst for temporary adrnission to the State Bar of Montana pending cornpletion of the process of adrnission on rnotion is GRANTED. This period of temporary admission is granted for 120 days, during which tirne Dewhirst rnust be employed with the Office of the Attorney General, which shall notify this Court if Dewhirst ceases to be employed with that office. The Clerk of this Court will adrninister the usual oath and issue a temporary certificate granting Dewhirst permission to practice law not to exceed 120 days frorn the date of this order, while ernployed with the Office of the Attorney General. The Clerk shall mail a copy of this order to Petitioner and to the Administrator of the Board of Bar Examiners at the State Bar of Montana. DATED this 8 '11 day of January, 2021.

Chief Justice

( 0 ?

2 Justices

3