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ROTHSTEIN v. MONTANA STATE SUPREME COURT

No. CV-86-35-H-CCL.

638 F.Supp. 1311 (1986)

Jay Alan ROTHSTEIN, Plaintiff, v. MONTANA STATE SUPREME COURT, its members, Justice Turnage, Justice Gulbrandson, Justice Hunt, Justice Sheehy, Justice Harrison, Justice Morrison, Justice Weber, Supreme Court Clerk Ethel Harrison, the Montana State Board of Bar Examiners and its members, Attorney Robert Poore, Attorney J.C. Garlington, Attorney Gregory Murphy, Attorney Daniel Sullivan, Attorney Leo Graybill, Attorney James Cumming, Attorney Tomas Monaghan and its Administrator Mariella Horgan, the Montana State Commission on Practice and its members, Attorney Arnold Huppert, Attorney Bruce Brown, Attorney Rockwood Brown, Attorney Francis Gallagher, Attorney W.A. Groff, Attorney Gordon Hickman, Attorney Barney Johnson, Attorney Jane Purcell, Attorney Sam Haddon, Attorney M. Wessel, Attorney John West, Defendants.

United States District Court, D. Montana, Helena Division.

July 22, 1986.

Attorney(s) appearing for the Case

Jay Alan Rothstein, pro se.

Kimberly A. Kradolfer, Asst. Atty. Gen., Helena, Mont., for the State of Mont.

MEMORANDUM AND ORDER

LOVELL, District Judge.

This is a civil rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff Jay Alan Rothstein, representing himself, challenges as unconstitutional a rule adopted by the Supreme Court of Montana limiting the number of times a qualified applicant may sit for the Montana state bar examination to three within a five-year period, unless exempted by that court.1

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