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Bill would make Montana Bar membership voluntary; state bar warns of regulatory and consumer‑protection losses

House Judiciary Committee · April 7, 2025
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Summary

Sen. John Fuller presented SB92 to make State Bar membership voluntary, citing First Amendment and Janus; opponents (Alice Smith, Bruce Spencer) argued the 1974 unifying order and existing mechanisms allow regulation and consumer protections funded by dues and warned of funding shortfalls for discipline and client protection programs.

Sen. John Fuller opened the hearing on Senate Bill 92, saying the bill would remove mandatory membership in the State Bar of Montana and make bar membership voluntary. Fuller framed the change as a freedom‑of‑association and First Amendment issue and said current rules requiring membership are rooted in a 1974 Montana Supreme Court unifying order.

Opponents including Alice…

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