Senate Bill No. introduced by J. Fuller proposes to make membership and payment of dues to the State Bar of Montana voluntary for attorneys. The bill outlines legislative findings that highlight the historical context of the Montana bar association, which was established as a voluntary group in 1885, and the subsequent mandatory membership imposed by the Montana Supreme Court in 1974. It references the constitutional authority of the Montana Supreme Court regarding bar admissions and member conduct, asserting that the court does not have the power to require membership in the State Bar as a condition for practicing law. The bill also cites the U.S. Supreme Court's decision in Janus v. AFSCME, which protects the rights of individuals not to be compelled to pay union dues, drawing a parallel to the rights of Montana lawyers.

The bill includes new sections that explicitly state that attorneys admitted to practice law in Montana cannot be compelled to join or pay dues to the State Bar as a condition of licensure. Additionally, it provides a codification instruction to integrate these new provisions into existing law and establishes a delayed effective date of July 1, 2026, for the act to take effect.