Consultant
on Legal Education November
5, 2010
American
Bar Association
321
N. Clark St.
Chicago,
IL 60654-7598
RE:
University of Montana Law School, Missoula, MT 59812
Abstract:
This report is to
inform the legal consultant on Education, the Accreditation Committee, and the
Council of the Section of Legal Education of the American Bar Association of
violations of standards, and criminal acts by students at the above mentioned
law school.
Acknowledgement:
Thanks is given to
Beverly Holmes, of the Legal Education Section for providing the standards of review, the format and procedure to
lodge this letter in compliance with Rule 24: Law School Non-compliance with
the Standards.
Background:
The American Bar
Association, based in Chicago, IL grants approval to law schools who comply
with their strict law school standards in the United States. At present, the American Bar Association has
sanctioned and approved a law school in Missoula, Montana. The name of the School is The University of
Montana Law School.
The University of
Montana Law School is the only law school in the state. The State of Montana is the third largest
state in the lower 48 states of the United States. Montana’s population is currently less than 1
million residents. The US Department of
Justice has ranked Montana as the 48th state out of 48 for justice
in 2007.
Body
of Report:
On August 8, 2007 a law
student named Angela Wetzsteon (available: www.AngelaWetzsteon.blogspot.com) entered a Ravalli County courtroom in Hamilton, MT approximately 50
miles south of Missoula, Montana.
Without supervision, or Montana Bar License, this law student:
·
Broke speedy trial of the Defendant
·
Broke rules of criminal procedure for
the State of Montana with respect to discovery.
·
Knowingly used tampered evidence to
convict a Defendant
·
Did not submit required introductory
paperwork to court prior to trial
·
Violated Defendants inalienable right to
justifiably defend property in Montana
·
By omission, did not speak against false
arrest warrant although licensed Defense counsel was in court on behalf of
Defendant.
·
Was not supervised, observed or
otherwise overseen by a competent, licensed attorney.
·
Violated the Montana Student Practice
Act (Order #12982) of the MT Supreme Court.
·
Was in criminal contempt per Montana
Code Ann. § 45-7-309, a misdemeanor.
[ Note: it was later determined that US Senator Max Baucus (D-MT), and Deputy Chief of Staff for President Obama named Jim Messina used their power over the legislative, judiciary and executive branches to give US Presidential appointment to Dean Eck and at least $1.7M to protect Wetzsteon via a "donation" to the Montana Law School.]
The students name was
obscured intentionally for three years by George Corn the former Ravalli County Attonrey (available: www.GeorgeCorn.com), and first discovery of the actual name
was in the third week in April, 2010 as is supported in affidavit attached to
this report.[1] This student is a 2008 graduate of the
University of Montana Law School in Missoula, MT.
A second student, Audry
Schultz a 2009 graduate of the University of Montana Law School wrote on her
Linkedin® online professional account that she “independently prosecuted defendants…” for the
Missoula County Attorney Office in Missoula, MT. Notice of this student practice was given to
the current Dean of the law school electronically on July 10, 2010[2].
Violations to the
Montana Student Practice Act (Order #12982) by the second student include:
·
Length of clinical instruction not to
exceed 12 months. Student #2, in online
professional account indicated 1yr. 1mo. for “Student Prosecutor” in Missoula
County.
·
Practice of law without supervisor is
unauthorized practice of law in State of Montana.
·
Contempt of Court; Montana Code Ann. MCA
§47-7-309.
·
Counsel victims, and negotiating plea
agreements are not unsupervised actions as per the Montana Student Practice Act
of 1975.
Standards in question for University of Montana Law
School
For
the American Bar Association to approve a law school, it must meet all of the
standards for approval of law schools.
The report which delineates these standards is entitled 2010-2011 ABA Standards for Approval of Law
Schools. The Standards are also
available online at: www.abanet.org/legaled/standards/standards.html
.
Specifically,
the University of Montana Law school is having difficulty meeting two standards
for the American Bar Association.
Standard 101- program is consistent with sound legal
education principles.
Standard 504-
involving the character and fitness of
law students.
A
program which allows law students to commit misdemeanor crimes is not a program
with sound legal ed. principals. To
knowingly disobey a court order is criminal contempt in the State of Montana. To allow practice law unsupervised, and
unlicensed as a law student is an unsound legal education principle.
To
allow a student to practice law unsupervised for 13 months (student #2
admission) is in violation of the Montana Student Practice Act and also not
sound legal education. The learning
element of student practice engrains an attorney for their work life as they
function in the courts. By the
University of Montana allowing students to practice law prior to oath, passing
of the Bar, and unsupervised in a clinical instruction environment[3]
is not sound legal education as would be recognized by the American Bar
Association.
The
American Bar Association (ABA) Standards for an accredited law school are to
develop attorneys who will benefit the court system, and not detract and make
the worst situation in the country for justice even worse. The Association has a high degree of esteem
and respect from the American public to voluntarily oversee the professional
conduct of attorneys in the United States.
The motto of the ABA is defending liberty and pursuing justice. A way for the Association to meet their
objectives of their motto is to stringently piece through a failing program in
Missoula, MT to ensure compliance with ABA standards as prescribed in their
standards for legal education. At the
discretion of the ABA, and their respective committees, officers and rules, a
site visit to ensure compliance is requested.
Students
who are taught that violating law, ethical standards, and constitutional rights
of US Citizens prior to Juris Doctorate degree are not fit, or have the right
character and temperament to be attorneys.
The ABA standard for law students fitness for legal education is found
in ABA standard 504. The University of
Montana has not met this standard for the two students described within this
report. Due to at least two standards
being breeched, the University of Montana is ripe for sanctions, review, and
potentially temporary closure due to the severity of the enclosed ABA standard
violations.
Actions taken by University of Montana Law School
The
former Dean of the University of Montana Law School, Ed. Eck met with a member
of the public without any problem and student practice was discussed using
sworn statements from a Ravalli County Justice.
This meeting was on October 20, 2007 at 1:30pm. At this time, the University of Montana Law
school knew of should have known of its student clinic problems, character and
fitness problems of their law students, and other problems that a reasonable
Dean of an ABA sanctioned law school would make to repair the issues presented
in the aforementioned meeting.
Otherwise, the term for this conduct by the University of Montana Law
School is negligence to the American Bar Association standards of legal
education.
Student
#2 in this report was a year after student #1 at the University of Montana Law
School. In other words, after the
activities of student #1 is fully described to then Dean Eck, nothing within
the governance of The University of Montana Law School stopped the behavior or
criminal activity, character fitness, and unauthorized practice within this ABA
approved, and sanctioned Law School. At
least two Standards are in question here, as addressed in the previous section
(Standard 101, 504). A fundamental
breakdown of faculty action, or staff ability to circumvent major breeches in the
conduct of law students at the University of Montana is seen throughout this
report.
Implications of current Law Student/Law School
activity
The
implications to activities at the University of Montana (UM) Law School as currently
functioning are quite severe. A
defendant represented by a UM law student may not get full protection under the
law, full ethical understanding, or even full legal understanding.
[Note:
the author has opposed UM attorneys as self represented Plaintiff and in one
example was not familiar with mediation practices, appellate procedure; had
misrepresented situation to court, myself. Moreover, University of Montana grads are not taught to uphold constitutional rights in court, or know any law ethics.]
A
student or UM law graduate who is not fully prepared for court will not
represent their clients well, or be able to fully exercise law as a sworn court
officer. An alumni of UM law who was
retained [Mathew Stevenson of Missoula MT] see http://wethepeoplemt.blogspot.com/2014/02/mathew-stevenson-missoula-attorney.html did ask a client to turn themselves in for an action which was not a
crime; again a fitness issue (Standard 504).
If the State of Montana ranks last for justice does not matter; it
matters here whether a student is prepared, per ABA guidelines to perform
professionally in any court environment.
As this report is clearly showing, the UM law program does not meet
societal, or ABA standards for legal education.
The
current Dean of the UM law school, Irma Russell has a tremendous background in
professional responsibility and ethics.
However, Ms. Russel has refused numerous requests for meeting, spanning
more than a 15 month period. There are
no current lawsuits pending against the UM by the author. A UM president legal counsel by name of David
Aronofsky did harass and cajole the author after attempting contact with the UM
law school, not within the Standards set by the American Bar Association for
legal education. The author did block
Mr. Aronofsky twice from email
communications with the University of Montana [he "retired"].
In
2009, the author has made professional contact with the vice dean, the clinics
director, the Dean, the new UM President office, the UM President legal staff,
and has utilized the Jameson Law Library to prepare cases due to no attorney in
the region willing to prepare a civil rights case, or tort for damages against
the UM student practice in 2007. This
refusal gives good merit to the legal climate within the State of Montana, and
the legal preparation by the UM law school of its students. By quick review of the Standards, UM students
and staff at the law school are out of compliance with ABA standards for
accredited law schools.
ABA onerous to the non-compliance to the standards
at UM
In
Febraury, 2011 a new form will be provided to report writers for indicating
non-compliance with ABA standards. It
will be entitled: “Complaint Against an
ABA-Approved Law School”. As a voluntary
professional organization, the American Bar Association has the responsibility
to accredit law schools. At the present
time, the ABA has accredited the UM law school and its current practices as
described herein. In plain English, the
ABA is now responsible for the UM law school and its actions due to accrediting
it at some past date. The ABA has a
responsibility to the public, to its approved law schools to hold a minimum
standard. The University of Montana law
school is so far below this standard that it is knowingly allowing its student
s to commit criminal acts as law students.
After being informed of this transgression of Standard 101, and Standard
504 the students of UM law continue, and continue to violate the accreditation
standards for ABA law schools.
The
current Dean, Irma Russell is an ABA champion with respect to professional
responsibility and ethics. Yet, a reply
email or return call was not accomplished by the UM Dean. Even one which said: “I am not at liberty to
meet with you in regards to student practice or any other Law School
policy”. If Irma Russell is an ABA
liaison on the standing committee on ethics, and the standing committee for
professional responsibility and cannot accomplish basic communication to the
public, nor meet with members of the public of a publically funded law school, is
there any standard or decency in law anywhere?
The
UM law school in 2010 under Dean Russell has decided to protect student #1
online, using their web capabilities. An
example of this is found at: www.umt.edu/law/students/competition/moot_national.htm. If an ABA standing committee member and
current Dean of UM law will be willing to protect a student who practiced law
without a license, and committed a criminal act, is that a school the ABA
wishes to use its name as “approved”?
Should I contact the US Department of Justice with respect to these
actions by UM law students, staff, and Dean?
A real response from the ABA with respect to a problem I have traced for
20 years in Montana is being requested by this report. Former Montana Chief Justice Gray asked when
law students are lawyers [and suggested that they be exempt from taking the Montana Bar exam] in the dissent in Shapiro
before the Montana Supreme Court in 1996 (Shapiro v. Jefferson Co. 278 Mont.
109 (1996) .
It is hoped that the ABA feels that attorneys are prepared in
law school, and can practice ethically and appropriately when they have passed
a state Bar exam, sworn an oath to respective constitutions, and follow a
personal code of ethics that are learned in an approved ABA law school that
follows the aforementioned standards.
By all accounts in this report, the University of Montana is not
following the ABA standards described in the accreditation standards of your
organization. As the infamous saying
says, is the ABA part of the problem, or part of the solution? A member of your standing committee does not
appear to be professionally upstanding with respect to criminal behavior of its
law students. Imagine the impact of a false incarceration, or arrest in the 21st
century climate of employment. If those
arose by way of an ABA approved law school, or law student, where does the
responsibility rest? The author does not
believe the ABA seeks that liability.
The author of this report requests that the Council,
Accreditation Committee, and Consultant on Legal Education consider carefully
the aspect of an ABA approved law school condoning criminal acts on the part of
its students. It is happening, and being
protected by a standing member of your ethics, and professional responsibility
committee, Ms. Irma Russell.
The very core of the ABA is at stake here. This report is to be retained by your
organization for a period of ten (10) years.
The crossroad decision is this: does the ABA cover for a ranking member
who is now Dean of UM law school and thereby condone criminal acts within law
schools, or uphold the ABA standards regardless of the fallout, political or
otherwise. The author will put blind faith
in the ABA, hoping standards will stop this situation at an ABA approved law
school. Surely criminal acts and acts of
law students unauthorized to practice will be considered as non-compliance by committee,
council, or consultant. This
comprehensive report was written so the ABA may have the tools to take the
action that is required by standard, rule, ethics, or law.
I authorize the Consultant on Legal Education to disclose this
report and my identity to the law school discussed in the report. Perhaps when a request for response from their
accrediting organization it will trigger a response. I have had no luck with Dean Russell.
Any misrepresentation of actions, irrelevant facts, or omissions
or attempts at defamation on the part of the University of Montana law school
in any response will be met with swift, harsh and complete legal complaint by
the author. The actual facts, without
bias, in good faith are presented in this report to the ABA. Misrepresentation has been rampant in the
State of Montana’s response to allegations of criminal activity by UM law
students. This includes the Montana Bar,
Attorney General, and the UM law school staff and Dean.
The author wishes the American Bar Association success in
addressing the non-compliance of accreditation Standards for legal education at
the University of Montana.
The author had a national security clearance and was decorated
exceptional service prior to the full impact of the student practice in 2007,
and has lost a minimum of three years of income, and character defamation. On November 2, 2010 the supervisor attorney
for Angela Wetzsteon (student #1) was removed from office through efforts of
the author for 3 years. He was
considered “invincible”. Legal education
standards need to be applied to the University of Montana Law School before any
more incidents of unauthorized practice arise.
Thank you for your time, consideration, and hard work at the
ABA. My work with respect to this
situation, outside of any courtroom is now complete. [Or so I thought--corrupt bastards]
Signed and dated this __5th___ day of November, 2010
________________________________________________
Michael
E. Spreadbury
PO Box 416
Hamilton MT 59840
Attachments:
Appendix A (two
affidavits) re: Angela Wetzsteon practiced law without supervision.
Appendix B July 10, 2010
email Dean Russell: Shultz ’09 as independent “Student Prosecutor”
Appendix C The Montana
Student Practice Act Order #12982; MT Supra April 30, 1975
[1] Appendix A is an Affidavit supporting
misrepresentation of UM Law student by Ravalli County, unauthorized practice of
law on August 8, 2007.
[2]
Appendix B is information on the second law student to practice law
unauthorized.
[3]
Clinical Instruction is the purpose of the Montana Student Practice Act of 1975
(MT Supra Order #12982).
