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Bill would make Montana Bar membership voluntary; state bar warns of regulatory and consumer‑protection losses
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 Smith and Bruce Spencer (State Bar) told the committee that the unifying order implements the court’s constitutional authority to regulate the profession and that the unified bar funds consumer protections such as a client security fund, fee arbitration, lawyer referral services, and support for disciplinary administration. Spencer noted that the U.S. Supreme Court has repeatedly declined to extend Janus to state bars and described refund mechanisms for those who object to lobbying activities.
Questions from committee members focused on how attorney regulation and client‑protection mechanisms would be funded and administered if membership and dues were no longer mandatory. Bruce Spencer said attorney regulation is currently funded by attorneys and that eliminating mandatory dues would likely require a judicial‑branch appropriation or other funding solution to maintain discipline and client funds.
The sponsor offered closing remarks that the bill would protect assembly and speech rights and suggested Representative Millett could carry the bill forward. The committee closed the hearing; no vote was recorded during the session.
