Unofficial Draft Copy
**** As of: 11/25/2024, 01:54:09
69th Legislature 2025 Drafter: Julianne Burkhardt, **** LC 0044
1 **** BILL NO. ****
2 INTRODUCED BY ****
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT PROVIDING THAT MEMBERSHIP AND PAYING DUES TO THE
5 STATE BAR OF MONTANA IS VOLUNTARY; AND PROVIDING A DELAYED EFFECTIVE DATE.”
6
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
8
9 NEW SECTION. Section 1. Legislative findings. (1) In 1885 the Montana bar association was
10 established as voluntary group.
11 (2) In 1974 the Montana supreme court by court order created the state bar of Montana and made
12 membership mandatory, requiring lawyers to join and pay dues to the state bar of Montana as condition of their
13 law license.
14 (3) Nearly half the states currently have voluntary bar associations that do not require lawyers to
15 join as condition of their law license.
16 (4) Article VII, section 2(3) of the Montana constitution provides in part that the Montana supreme
17 court “may make rules governing appellate procedure, practice and procedure for all other court, admission to
18 the bar and the conduct of its members.”
19 (5) The state bar of Montana does not perform the Montana supreme court’s constitutional charge
20 to make rules regarding admission to the bar for lawyers. This function is handled by the Attorney’s examining
21 board, a committee the supreme court appoints pursuant to Section 37-61-102, MCA, and Article VII, section
22 2(3) of the Montana constitution.
23 (6) The state bar of Montana does not perform the supreme court’s constitutional charge to make
24 rules regarding “the conduct of [the bar’s] members.” This function is handled by the Office of disciplinary
25 counsel, established by the Montana supreme court pursuant to the authority of the judicial branch found in
26 Article VII, section 2(3) of the Montana constitution.
27 (7) The Montana constitution does not grant power to the Montana supreme court to require
28 lawyers to join the state bar of Montana as a condition of their law license.
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 Unofficial Draft Copy
**** As of: 11/25/2024, 01:54:09
69th Legislature 2025 Drafter: Julianne Burkhardt, **** LC 0044
1 (8) The state bar of Montana regularly lobbies the Montana legislature on various controversial
2 issues.
3 (9) In 2018 the United States supreme court held in Janus v. AFSCME, 585 U.S. 878 (2018) that
4 the government could not compel government workers to pay union dues and violated employees' free speech
5 rights under the First Amendment to the United States constitution.
6 (10) Montana lawyers have the same First Amendment right to associate or not associate with
7 groups, particularly groups which may take positions politically that they may not agree with, including making
8 the personal decision whether to join the State Bar of Montana.
9 (11) The Montana legislature finds that consistent with Montana’s constitution and the Janus
10 decision, lawyers should not be forced to join or pay dues to the State Bar of Montana as a condition of
11 practicing law in the state of Montana.
12
13 NEW SECTION. Section 2. Membership in state bar of Montana voluntary. An attorney admitted
14 by the Supreme Court to practice law within the state of Montana may not be compelled to join or pay bar dues
15 to the state bar of Montana as a condition of licensure.
16
17 NEW SECTION. Section 3. Codification instruction. [Sections 1 through 2] are intended to be
18 codified as an integral part of Title 37, chapter 61, part 2, and the provisions of Title 37, chapter 61, part 2,
19 apply to [sections 1 through 2].
20
21 NEW SECTION. Section 4. Effective date. [This act] is effective July 1, 2026.
22 - END -
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