Mont. Lawmakers Say ABA Anti-Bias Rule Is Unconstitutional

By Matthew Perlman (April 14, 2017, 2:18 PM EDT) -- The Montana state Legislature passed a joint resolution this week opposing adoption of the American Bar Association's revised ethics rule prohibiting discriminatory and harassing behavior by attorneys, saying it violates the First Amendment and the state's constitution.

Montana's House of Representatives passed SJ15 on April 10, by a vote of 58-41, according to legislative records. The state Senate passed the resolution back in February, 32-18, the records said.

SJ15 opposes the Montana Supreme Court's adoption of the ABA's recent amendment to Rule 8.4 of its Model Rules of Professional Conduct, adding subsection 8.4(g). The revised rule, passed last August, subjects lawyers...

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