Family law section member warns proposed bar policy exempting Supreme Court boards risks legal challenge

Nancy Hawkins, a member of the Family Law Section, told colleagues during a meeting that a proposed Bar Association policy governing sectionsand legislative activity is problematic because it exempts Supreme Court boards. "Our biggest concern has to do with Supreme Court boards, and that is that the policy does not apply to Supreme Court boards," Hawkins said. "It's going to violate Keller. There's going to be a lawsuit." Presiding member of the meeting opened the floor for discussion and clarified that the item was for discussion only, not action. "So if anybody would like to, discuss it, now is the time," the presiding member said. Hawkins told the group that sections routinely hold differing positions on legislation and that those differences can be disclosed to the legislature without misleading it. "As long as the legislature is kept informed about the nature of the difference ... then we've met our responsibilities," she said, adding that sections and other bodies have resolved conflicts before. Hawkins urged the association to address the discrepancy directly with the Supreme Court and consider restrictions on Supreme Court boards that mirror the policy on sections. A staff member clarified later in the meeting that the memorandum's heading may be confusing but that the proposal was not before the group for a vote. "It's not up for action because we don't have..." the staff member said. No motions, votes, or formal directions were recorded during the discussion. The meeting record shows the topic was placed on the agenda for discussion only, and no committee action was taken.