The State Bar Association of North Dakota Winter 2015 Gavel Magazine | Page 5

2. When it comes to broader issues of social policy the Association’s role and influence
is necessarily different. These are issues that generally have strong political overtones.
In these areas the Association may be viewed more as a special interest group than as
a body of experts. The Association will take great pains to recognize this important
distinction, and will generally avoid taking positions on issues of this nature.
3. A third category of proposals are those which may be termed “technical” issues. These
are bills and measures affecting specific areas of the law in which various sections or
committees have a particular interest and expertise. The key consideration as to these
matters is for the Association not to act as a “lobbyist” in the popular sense of the
word, but rather to offer its expertise and informed judgment. Representatives of the
Association may be invited to impartially explain the probable legal consequences of
the proposed bill or measures.
The Legislative Policy dictates that decisions on important issues be broad-based, and
that the views of individual members be taken into account.  The policy does not allow
SBAND to become actively involved in every issue that may have a remote impact on
lawyers, and SBAND must be especially circumspect on matters which are likely to be
regarded as having significant political importance and on issues where other special
interest groups are expected to have strong views.
The Legislative Policy provides a balancing process.  SBAND must consider
1.  How and to what degree a matter affects the vital concerns of lawyers;

2. Whether SBAND, in any contact with the legislature, is likely to be regarded as a
special interest group rather than an impartial (and more credible) expert; and
3.  The likelihood of SBAND’s participation leading to a positive result.           

Finally, in line with Keller v. California, 496 US 1 (1990), a member who dissents from
a position on any legislative or ballot measure and states opposition in writing addressed
to me as executive director, will receive a refund of that portion of his or her dues which
would otherwise have been used in lobbying for a legislative issue or ballot measure.
If you need to reach me during the next several months, you’ll probably find me at the
Capitol!

Legislative Committee
Tony Weiler, Chair

Elizabeth Elsberry

John Olson

Lawrence King

Joel Gilbertson

Hon. Gail Hagerty
Maggie Olson
Dan Kuntz

Jack McDonald
Eri