SBAND EXECUTIVE DIRECTOR
HARD AT WORK
SBAND EXECUTIVE DIRECTOR
SBAND ’ S LEGISLATIVE COMMITTEE
HARD AT WORK
TONY J . WEILER SBAND Executive Director
The New Year is well underway , and my hope is that yours is going well ! With an oddnumbered year , it also means the biennial legislative session is underway .
SBAND ’ s Legislative Committee is hard at work reviewing bills that may impact the legal profession or the administration of justice . The Board of Governors ( BOG ) meets weekly to review bills on which the Legislative Committee has recommended a position . The stated objectives of SBAND include promoting the administration of justice and upholding the honor of the profession . We are guided by our Legislative Policy , some of which I will outline below .
As an integrated bar , SBAND endeavors to speak for the Association as a whole while fully recognizing it is a practical impossibility to gain unanimity of opinion on almost any issue . The most controversial issues are almost always the most divisive , and they are also invariably the ones on which the Association is asked to comment . The Legislative Policy is intended to set parameters for Association legislative activities . Further , as an integrated bar and pursuant to Keller v . California , SBAND license fees are used to regulate the profession and improve the quality of legal services available to the people of North Dakota .
Since the Association ’ s role in legislative proposals varies depending on the nature of the proposal under consideration , the Legislative Policy delineates categories and parameters for Association action .
Generally , the expertise of the Association ’ s committees , sections , and members are respected and welcomed . This is especially true with the myriad of bills and measures dealing with the complex laws affecting commerce , such as the Uniform Commercial Code , trade regulation , and business organization laws ; laws relating to estates and trusts ; laws relating to family law ; or those particularly affecting the practice of law , such as regulation of attorneys , budget appropriation for the judiciary , proposed changes in litigation procedures , etc .
Legislators and legislative committees often seek out the views of knowledgeable representatives of the Association in these areas and pay close attention to their recommendations . Within that framework , the Association has a significant impact on legislation and will maintain a policy of supporting , opposing , and proposing legislation in this area .
Sections of the Association may propose and support legislation that falls within their areas of expertise . Any legislation , however , must first be reviewed by the BOG to indicate the position , if any , of the Association . If the Association opposes the legislation , the section may not propose it . Any proposed legislation , or testimony in support of or in opposition to any legislation , should first be sent to the executive director of SBAND . If a section representative testifies on behalf of the section , there must be a clear disclaimer the position is that of the section and not of SBAND . It is also important for sections to be mindful of those issues that are political in nature and attempt to avoid positions on issues that fall within that category .
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 . The Association will take great pains to recognize this important distinction and will generally avoid taking positions on issues of this nature .
Another 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 . Representatives of the Association may be invited to impartially explain the probable legal consequences of the proposed bill or measures .
The Legislative Committee and the BOG are empowered to consider any and all legislation that is considered by interim committees or is introduced during a legislative session and may seek the introduction of legislation the Association favors . It is a balancing process in which clear guidelines are hard to articulate . In deciding to press a point of view , the Association shall consider ( 1 ) how and to what degree the matter really affects the vital concerns of lawyers , ( 2 ) whether the Association , in any contact with the legislature , is likely to be regarded as merely an interest group or as a more impartial ( and , therefore , more credible ) expert , and ( 3 ) what the likelihood is that the Association ’ s efforts will be successful .
Any member of the Association who objects to a position taken by the Association , especially one the member determines is not germane under Keller , may file an objection in accordance with the Association ’ s Keller Policy implemented by the BOG in 2015 .
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