Montana House to consider resolution that states ABA rule unconstitutional

The Montana House Judiciary committee will look at resolution this week that states a proposed American Bar Association rule limits free speech and is unconstitutional.

Proposed Rule 8.4 (g) states: “It is professional misconduct for a lawyer to engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law.”

Senate Joint Resolution 15 (SJ 15) states the proposed rule “infringes upon and violates First Amendment Rights, including Freedom of Speech, Free Exercise of Religion and Freedom of Association.”