"" Dear Dean Russell,
University of Montana Law School
I present to you a 2009 graduate from the University of Montana Law School. She graduated as you were Dean.
When the Montana Student Practice Act (not rule) of 1975 was drafted the purpose as written is clinical instruction.
Clinical means while being observed.
Is there such as thing as a "student prosecutor" who acts "independently"?
When I read order# 12982 (aforementioned Act) from the Montana Supreme Court, it tells me they need signature from supervisory attorney to submit paperwork, yet Audry Schultz acted independently; see for yourself at bottom.
Under MCA 3-1-501 (f) practice without a license is contempt. Under MCA 37-61-210 the penalty for practice without a license is contempt.
Criminal contempt to punish a past behavior: MCA 45-7-309: Person knowingly commits the offense of criminal contempt when the person knowingly engages in any of the following: (c) purposely disobeying or refusing any lawful process or other mandate of the court [order #12982].
Is there any way to stop the practice of "independent" student prosecutors other than following the Act by having a supervisor present?
I would like to hear from the law school.
A friend and graduate of Georgetown Law tells me that student experience is invaluable.
I don't doubt this. However, things have gotten a bit out of hand:
Audrey's Linekin account available online:
Lawyer at Office of the State Public Defender (Billings)
Law Clerk at Senate Finance Committee
Student Prosecutor at Missoula County Attorney (see below for details)
Clinical Intern at Montana Legal Services
Summer Associate at Crowley Law Firm
VISTA at Americorps
The University of Montana School of Law
Audrey Schultz’s Experience
Office of the State Public Defender
(Law Practice industry)
March 2010 — Present (5 months)
Senate Finance Committee
(Legislative Office industry)
August 2009 — December 2009 (5 months)
Missoula County Attorney
(Law Practice industry)
May 2008 — May 2009 (1 year 1 month)
Independently* prosecuted defendants in both Justice and District Court under the Montana Student Practice Rule, including several jury trials and numerous bench trials.
Negotiated plea agreements with defense attorneys; counseled victims; drafted responses, briefs, motions, and documents for the Court.
*independent means without supervision (is contempt of court).
Dean Russell, can I get confirmation in writing that this practice has stopped?
Thank you. ""
Sent in by a Reader.