Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Lawyers and State Bar clash at hearing over mandatory unified bar membership
Summary
Senate Bill 92 would end mandatory membership in the Montana State Bar; proponents cited First Amendment association concerns and Ninth Circuit precedent, while the State Bar and former presidents warned the unified dues fund regulatory and consumer-protection functions.
Senate Bill 92, introduced by Senator John Fuller, would prohibit mandatory membership in the State Bar of Montana and require that attorney participation be voluntary.
Proponents: First Amendment and circuit court precedent
Derek Oestriker (testifying personally) and Duncan Scott (longtime Montana lawyer) urged the committee to support SB 92 on First Amendment grounds. They cited Crow v. Oregon State Bar (9th Circuit) and related caselaw arguing compulsory association and compelled funding for political or lobbying activities can raise constitutional problems. Oestriker said he "enjoyed" much of the State Bar's work but objected to being compelled to affiliate when he disagrees with the…
Already have an account? Log in
Subscribe to keep reading
Unlock the rest of this article — and every article on Citizen Portal.
- Unlimited articles
- AI-powered breakdowns of topics, speakers, decisions, and budgets
- Instant alerts when your location has a new meeting
- Follow topics and more locations
- 1,000 AI Insights / month, plus AI Chat