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Senate approves bill to make Montana State Bar membership voluntary after contentious debate
Summary
The Senate committee recommended passage of Senate Bill 92, which would eliminate mandatory dues-paying membership in the State Bar of Montana; the measure passed second reading in committee by a 32–18 vote after extended debate over constitutionality and judicial authority.
Senate Bill 92, a measure to make membership in the State Bar of Montana voluntary, cleared second reading in the Committee of the Whole after a 32–18 vote following a lengthy floor debate.
The bill, carried by Senator Tom Fuller, would remove the requirement that attorneys pay dues to the State Bar as a condition of practicing law in Montana. Fuller told senators the proposal protects freedom of association and argued that mandatory membership violates the First Amendment. "This is a freedom bill," Fuller said, urging a green vote.
Opponents, including Senator Emily Olson, argued the bill raises substantial constitutional questions and could conflict with the Montana Supreme Court’s authority to regulate admission and practice. Olson pointed members to a legal note and urged a no vote, saying the court’s rulemaking power includes regulating admission to the bar. Several other senators — including Senator Smith and Senator Harvey — said the legislature risks starting litigation and incurring fiscal costs if the bill is enacted.
Supporters replied that federal and appellate precedents such as Crow v. Oregon State Bar suggest compelled membership can violate associational rights. Senator Poehler, in closing for the sponsor, cited Crow and told colleagues the change would not eliminate the bar but permit attorneys to choose whether to join.
The committee recorded 32 senators voting aye and 18 voting nay on the motion that the bill "do pass." After the Committee of the Whole report was adopted, the committee report containing SB 92 was included among bills reported to the full Senate.
Because the debate focused on constitutional questions and the division among senators was explicit on the record, proponents and opponents signaled the bill may face litigation if passed into law.
Votes at a glance: committee second-reading vote on SB 92 — 32 aye, 18 nay.
The committee reported the package of bills, including SB 92, to the full Senate later in the session.
