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Bill to authorize legislative audit of State Bar sparks constitutional and confidentiality concerns
Summary
House Bill 65 would subject the State Bar of Montana to a legislative performance audit; the State Bar and multiple witnesses warned the proposal could conflict with the Supreme Court's supervisory role over the bar and risk exposing confidential information collected under bar processes.
Representative Lee Deming presented House Bill 65 to authorize a legislative audit of the State Bar of Montana, arguing that because the bar collects statutorily-mandated licensing fees and operates under a Supreme Court order, a legislative audit is justified to ensure public accountability.
Bruce Spencer, representing the State Bar, testified in opposition. Spencer said the State Bar is a "unified" bar created by a 1974 Supreme Court order, is not a state agency, and is funded by member dues rather than state…
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