The Montana Law School

Note: 1) This is a report submitted to ABA Chicago.  Crime is OK for students, not even lawyers yet.
              The ABA ignored this report because the White House asked them to. 
          2) Google Helps Wetzsteon--As UM Alum board "lunches" with Google CEO in Chicago.
              http://www.whistleblowermedia.com/2011/11/google-helps-wetzsteon.html
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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 48^th state out of 48 for justice in 2007.

Body of Report:

On August 8, 2007 a law student 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 Rule (Order #12982) of the MT Supreme Court.

·         Was in criminal contempt per Montana Code Ann. § 45-7-309, a misdemeanor.

The students name was obscured intentionally for three years, 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 Rule (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 Rule 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 Rule 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.  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 breached, 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.] 

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 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.

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 February, 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 publicly 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 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 21^st 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.

Signed and dated this _____ day of November, 2010

                                     

__/s/______________________________________________

                              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 Rule Order #12982; MT Supra April 30, 1975

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[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 Rule of 1975 (MT Supra Order #12982).

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WHY LAWYERS HAVE NO ACCOUNTABILITY

Although Criminal activity, unethical behavior of UM Students in Montana, ABA re-accredited the school in Missoula.

The Montana Law School Fraud

Criminal Conspiracy

Protecting Angela Wetzsteon '08

YOUR AMERICAN BAR ASSOCIATION

DisBar Angela Wetzsteon:
http://www.montanapoliticalnews.com/2011/10/angela-wetzsteon-war.html

Wetzsteon's Training Ground: The Montana Law school

Video Dedicated to Angela Wetzsteon--prosecuted as a law student in 2007

graduate of this training camp 2008.

Shame is not enough.....

Ravalli County Attorney Office (published number) 406-375-6750 Mountain Time
ask for Angela "Wetzstone"
[the office purposely gave a false name for 3 years]