There is an ethics squabble going on in Montana perpetrated by the senior counsel to the Democrat Governor of Montana, Brian Schweitzer. It has been revealed that the Governor's "senior counsel," a man named Eric Stern, has been caught trying to "back-door" the judge in a case in which he is involved on behalf of Governor Schweitzer. The ethics violation is bad enough, but it has also been discovered that, even though he is claimed to be an attorney and the Governor's senior counsel, Eric Stern, is not licensed to practice law in the state of Montana. This seems to say that Eric Stern is practicing law without a license, doesn’t it? Strangely, the media have not bothered to report this most important fact.
According to reports, Eric Stern "a senior official in the governor's administration" improperly contacted the commissioner of political practices "outside of official proceedings in an ongoing ethics case." In effect, Stern is accused of trying to "back-door" the judge by discussing the case outside of official proceedings, an extremely blatant ethics violation.
Commissioner Dennis Unsworth, who acts like a judge in the proceedings, said he was contacted by Gov. Brian Schweitzer's senior counsel, Eric Stern.
The conversations are not allowed outside official proceedings, according to a lawyer for the state Republican Party, who is asking for a hearing to determine what was said.
Like I said, the violation of ethical conduct by Governor Schweitzer's senior counsel is bad enough, but some bloggers have discovered something that is even more disturbing about Stern: he isn't licensed to practice law in the state of Montana.
Carol Minjares of Missoula, Montana first found out on August 19 that the Governor's senior counsel, a man who holds forth in the Governor's legal proceedings as an official operative and representative of the Governor, is not licensed to practice law in the state.
I called the Montana Bar and found out he is not licensed to practice in this state. Was he ever licensed, and if so where? If not, how can he be an attorney without a license?
How is it that the Governor's senior counsel can interact with official legal cases on behalf of the Governor is not even licensed to practice law? Worse, why have the Old Media throughout the state not investigated this and confronted the Governor about this strange status?
Perhaps because the Governor is a Democrat?
For more information, Gregg Smith from Electric City Weblog has several in depth reports on the legal implications of senior counsel Eric Stern's ethics violations. (Here and here)
Eric Stern's bio on the Governor's official website:
Eric Stern - Energy Specialist and Senior Counsel to the Governor
Eric Stern was Schweitzer's campaign manager and is an attorney and business consultant. He is a native of Teaneck, NJ, and attended Connecticut College and Columbia Law School. He worked after college at CNN in Atlanta, and then went on to serve in the Clinton Administration as a political aide to the Vice President of the United States, directing the Vice President's international and political trips; and also as a policy aide to the U.S. Secretary of Education, overseeing the political elements of important education reforms of the 1990s. He also worked on the national staff of three presidential campaigns. Stern moved to Bozeman, Montana in 2001 to do non-profit legal and environmental work, and business consulting. Prior to taking over Schweitzer's campaign, Stern directed the bid by Mexico to lure a Major League Baseball franchise, the Montreal Expos, to the city of Monterrey.
Stern is sure presented as an attorney! Yet, no license? And no news reports of the fact?
Seems quite odd, doesn't it?
(Photo credit: wired.com)



















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Eric Stern
September 2, 2008 - 06:43 ET by slpEric A. Stern was first licensed in New York in 2001.
He is delinquent in paying his annual dues.
https://iapps.courts...
Even though he is not licensed to practice in Montana, he has listed himself as a New York lawyer in Montana.
http://lawyers.justi...
Maybe it is not such a secret and maybe he failed the Montana bar examination.
"Stern is an attorney licensed to practice law in New York but will
serve as a policy adviser on issues for Schweitzer until he is admitted
to the Montana bar. The acting chief counsel until then will be Viv
Hammill, an attorney for the Department of Administration who worked on
the Schweitzer transition." team.
http://www.helenair....
You can't...
September 2, 2008 - 07:19 ET by Warner Todd HustonYou can't be "listed as a New York Lawyer" in Montana. Montana does not have reciprocity with other states. You CANNOT PRACTICE LAW in Montana at all unless you've passed the Montana bar exam.
So, Stern's supposedly being a lawyer in New York is meaningless in Montana.
Murky issue
September 2, 2008 - 14:29 ET by Captain KirockThe whole issue of out of state attorneys is a murky issue. The key issue would be whether this guy is appearing in cases, such as his name appearing on pleadings or if he is actually showing up for court appearances. If so and if he is not a member of the bar, he needs the court's permission through a pro hac vice application (most states limit the number of pro hac vice appearances to 2). He also could be appearing in federal court, despite not being a member of the state bar.
As for ex parte communications with a judge, that is strictly forbidden. If true, the Montana State Bar would report such activity to the NY Bar and he would be disciplined.
Unethical even for a lawyer with a license
September 2, 2008 - 09:51 ET by Fred GregoryThe contact this guy made with the court is attorneys call "ex parte". Well they can't disbar him.. Ha !
Political Rule Matters More than the Law
September 2, 2008 - 12:07 ET by deerjerkydaveUnfortunately, we now live in a day when political rule carries more weight than the rule of law. It's nothing more than a mobocracy. Like when Mayor Gavin Newsome of San Francisco can declare which Federal laws his city will obey and which they will not (i.e. illegal immigration). Or when the ruling Dem party overturns the will of the people like they did recently when Prop. 22 was overturned in California allowing gay marriage. Or when a Dem candidate drops out of a race moments before an election and the ruling political Dem party puts up a new candidate even though the law forbids it which happened with Lautenberg in New Jersey. Or when the ruling Democrat party recounts ballots only in Democrat heavy counties in Washington to steal the win from the Republicans.
There is a pattern which I see coming from the left. It is a disturbing trend which thumbs its nose at the power of the people. Public education is how they keep the public down. Students don't take pride in their educations because they have no choice in the matter. Drop out rates are sky high and the Dems love it because they're easier to deceive and they become peasants dependant upon the mob for survival.
WTH...
September 2, 2008 - 16:05 ET by bigtimerThe Gov. and his group are all a bunch of back-door leftists, he does this illegally, gets away with it in the msm, and of course nothing is said...if this was repub admisitration you could be sure Tom BROKAW would be screaming it out as much as possible...especially if there is an election near...he used his power witht he msm via Mt. where he lives part time along with a bunch of other green wimpy leftists who are destroying this state with money, laws, ect... a lot from back east, destroying our economy, have for years, this is not an accident, this has been planned for years...
By the way, I noted this guy worked for CNN too...good ol' Ted Turner connections...makes one wonder just how deep his connections go.
Thanks for this story WTH...I knew nothing about it...I do not get Mt. news even though I live here...I know, I know I could use the internet...but I heck, I forget...you guys keep me informed.
I don't call that phony baloney Governor Shyster for nothing.
Of course the msm loved him and oh so cute ways at the dem. convention...he puts on a good show.
I'm done with my rant.
"America isn't the problem...America is the solution." ~ Rush Limbaugh
When you realize...
September 2, 2008 - 21:15 ET by cest moi...that the newspapers in Montana, notably the Helena Independent Record ("All the News that Fits Our Agenda") has been covering for and propping up Brian Schweitzer for years, then who's surprised that his counsel has no, uh - papers?
Schweitzer, the swaggering, bolo-wearing, big-hick-in-big-sky bully don't need to follow no steenkin' rules - after all - he is wonderfully bi-partisan 'cause his lieutenant governor is a RINO sock puppet.