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Governor‑backed bill would remove blanket attorney‑member requirement from some quasi‑judicial boards

2415789 · February 26, 2025
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Summary

House Bill 603, presented by Representative Greg Overstreet, would remove a blanket statutory requirement that certain quasi‑judicial boards include at least one licensed attorney as a member.

Representative Greg Overstreet presented House Bill 603, a governor‑requested measure that would strike the requirement in statute (2‑15‑124) that certain boards designated as "quasi‑judicial" include at least one licensed attorney as a member.

Sponsor and governor’s rationale: Lieutenant Governor Kristen Juras testified in support on behalf of the governor, saying that the attorney‑member requirement is inconsistent across boards, difficult to staff, and often duplicative because boards already receive legal advice from Department of Justice counsel. Juras provided a handout listing 18 boards under the quasi‑judicial statute and noted several boards already have statutory exceptions that do not require an attorney member.

Support and practical concerns: Proponents told the committee that an attorney sitting on a board is not the same as legal counsel to the board and that attorneys subject to service requirements and unpredictable schedules make recruitment difficult; having DOJ counsel available provides the legal support boards need. Supporters said removing the mandatory attorney member would not prohibit attorneys from serving if they wish, but would remove the statutory staffing burden.

Questions and cautions: Committee members raised questions about whether a surgical, board‑by‑board approach would be preferable to a blanket removal of the requirement; Representative Staffman and others expressed concern that some boards (for example, human rights or tax appeals) rely heavily on legal expertise and might need specified legal capacity. The lieutenant governor agreed that attorneys can and do offer valuable skill sets and said attorneys are not barred from serving; she also emphasized that DOJ lawyers provide counsel to boards.

Disposition: The sponsor waived closing in the interest of time; the transcript records no vote. The committee asked for additional consideration of which boards should remain subject to an attorney‑member requirement and which should not.