FILED
MAY 2 4 2017
Clerk U S Diatrict Court
IN THE UNITED STATES DISTRICT COUR1 rnstrietOfMontana
FOR THE DISTRICT OF MONTANA Missoula
In re: The Selection of and Duties of STANDING ORDER No. DLC-35
Lawyer Representatives to the Judicial
Conference of the Ninth Circuit
IT IS HEREBY ORDERED that the following rules, drafted in accordance
with the provisions of the Ninth Circuit Judicial Council's Order (the "Council's
Order") establishing the Judicial Conference of the Ninth Circuit (the
"Conference"), shall govern the selection and appointment of the District of
Montana's lawyer representatives to the Conference.
1. Criteria
Lawyer representatives shall be selected from among individuals who are:
a. admitted to practice in this court and actively involved in federal
practice;
b. interested in the purposes and work of the Conference;
c. willing and able to contribute actively to the purposes and work of the
Conference;
d. willing to assist in implementing Conference programs with the local
bar; and
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e. part of a fair cross section of practitioners before the federal court in
the District of Montana, when taken together with the other lawyer
representatives. The selection process should include consideration of the
gender, ethnic, racial, and religious diversity and the diverse geographic and
practice backgrounds of those who practice before the federal court in the
District of Montana. Given the size of the District of Montana, geographic
diversity is of particular importance, and shall be achieved by selecting
lawyer representatives such that at all times, at least three of the five
divisions of the District of Montana have a resident lawyer representative.
To ensure representation of practitioners before the United States Bakruptcy
Court, there shall at all time be one lawyer representative who is appointed
by the chief United States bankruptcy judge.
2. Number, Term, and Timing of Appointment
a. The District of Montana shall at all times be served by four lawyer
representatives, three at-large representatives and one bankruptcy
representative. The representatives shall serve three-year terms. The terms
shall be staggered such that in each year the term of one at-large
representative will expire, and every third year, the term of the bankruptcy
representative will expire. A representative's term shall expire upon the
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appointment of a successor in accordance with the schedule set forth herein.
b. After expiration of his or her term, a lawyer representative shall
continue to serve as an ex-officio member of the district's lawyer
representatives delegation for a period of two years. Ex-officio members
shall have the right and duty to participate in all respects in meetings among
the representatives and judges, except that they may not attend the annual
meeting of the Conference unless designated as an alternate for a lawyer
representative who is unable to attend.
c. Lawyer representatives shall be appointed within 90 days of the
conclusion of the Ninth Circuit Judicial Conference annual meeting. In a
year in which no annual meeting is held, appointment shall occur within 90
days of the anniversary of the conclusion of the most recently held annual
meeting.
3. Selection and Appointment
a. At-Large Lawyer Representatives
1. The selection process shall begin with the nomination of
potential candidates by a committee of judges of the district (the
"selection committee"). The selection committee shall be comprised
of the three active district judges in the District of Montana. If at any
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time there are fewer than three district judges in active service, the
selection committee shall be comprised of the active district judges
and such number of senior district judges, designated by the chief
judge of the district, as are necessary to constitute a selection
committee of three judges.
11. Following the conclusion of the annual meeting or, if no annual
meeting is to be held that year, following the anniversary of the
conclusion of the annual meeting last held, the clerk of court shall
notify the selection committee of the upcoming vacancy of one or
more lawyer representative positions.
111. The selection committee shall, no more than 30 days after the
date of the clerk of court's notice of vacancy, nominate in writing a
number of proposed lawyer representatives three times larger than the
number to be appointed. The chief judge of the district shall
promptly give notice of the nominees to the president of the Montana
Chapter of the Federal Bar Association.
1v. The Montana Chapter of the Federal Bar Association shall then
select the next lawyer representative(s) from among those nominated,
and shall communicate that selection in writing to the chief judge of
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the district no more than 30 days after the date of the chief judge's
notice of the list of nominees. A nominee's membership status in the
Montana Chapter of the Federal Bar Association may not be
considered in selecting from the list of nominees supplied by the
court.
v. Upon receipt of the Montana Chapter of the Federal Bar
Association's written notice of selection, the chief judge shall appoint
the new lawyer representative( s) by written order. The order of
appointment shall be forwarded to the circuit executive.
b. Bankruptcy Lawyer Representative
1. The selection process shall begin with the nomination of
potential candidates by the chief bankruptcy judge.
11. Following the conclusion of every third annual meeting or, if
no annual meeting is to be held that year, upon the third anniversary
of the appointment of the current bankruptcy lawyer representative,
the clerk of court shall notify the chief bankruptcy judge of the
upcoming vacancy of the bankruptcy lawyer representative position.
111. The chief bankruptcy judge shall, no more than 30 days after
the date of the clerk of court's notice of vacancy, nominate in writing
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a number of proposed lawyer representatives three times larger than
the number to be appointed. The chief bankruptcy judge shall
promptly give notice of the nominees to the chairperson of the
Bankruptcy Practice Section of the Montana State Bar.
1v. The Bankruptcy Practice Section of the Montana State Bar
shall then select the next bankruptcy lawyer representative from
among those nominated, and shall communicate that selection in
writing to the chief bankruptcy judge no more than 30 days after the
date of the chief bankruptcy judge's notice of the list of nominees. A
nominee's membership status in the Bankruptcy Practice Section of
the Montana State Bar may not be considered in selecting from the
list of nominees supplied by the court.
v. Upon receipt of the Bankruptcy Practice Section of the
Montana State Bar's written notice of selection, the chief bankruptcy
judge shall appoint the new lawyer representative by written order.
The order of appointment shall be forwarded to the circuit executive.
4. Duties of a Lawyer Representative
The District of Montana's lawyer representatives to the Conference shall
perform the following duties:
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a. Attend and participate in lawyer representative meetings in the
district (the Council's Order requires two or more such meetings each
year).
b. Attend and participate in all joint meetings of lawyers and judges in
the district, including any district conferences, to include, in the case of the
senior lawyer representative(s), presenting to the judges of the district a
report on the activities of the lawyer representatives.
c. Attend and participate in the annual meeting of the Conference.
d. Vote in lawyer representative elections and in balloting for
Conference resolutions.
e. Participate actively in the Conference resolution process, including
proposing, drafting, and debating resolutions.
f. Educate members of the bar generally about the Conference and
solicit their reviews.
g. Participate at district meetings and at the annual meeting of the
Conference to assure that the views of lawyers are heard.
h. Participate in the District of Montana's educational public outreach
program, the Montana Judicial Institute, to include attending all planning
meetings, attending and participating at the annual three-day Institute, and,
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in the case of the senior lawyer representative(s), serving as host and master
of ceremonies at the Institute.
IT IS FURTHER ORDERED that Standing Order No. DLC-17, which has
previously governed the selection and appointment of lawyer representatives in
the District of Montana, is withdrawn.
The clerk of court is directed to notify all judicial officers of the entry of
this order.
DATEDthis l41\-t£tdayofM ,2017.
Dana L. Christensen, Chief Judge
United States District Court
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