Goldstein v. Commission on Practice of the Supreme Court

¶52 I dissent from the Court’s decision that Rules 9 and 13 of the Rules for Lawyer Disciplinary Enforcement (hereafter, simply referred to as Rules or Rule) do not deny a respondent attorney due process of law. I conclude and would hold that the rules fail in this regard and, accordingly, are violative of Montana’s Constitution, Article II, Section 17.1 also conclude and would hold that Rule 13 is unconstitutional as violative of Montana’s Constitution, Article II, Section 9.

*507 Introduction

¶53 Before commencing my discussion of the law, I want to make one thing unequivocally clear. My dissent…