Legislative Refund Mechanism
The State Bar of Montana, consistent with the Montana Supreme Court's order in Reynolds v. State Bar of Montana and established procedures in its Board Policies, provides a dues refund mechanism for those active members who pay compulsory dues and who object to the State Bar's legislative positions. Board Policy 3-104 provides the procedure for objecting to the use of compulsory dues.
2023/2024 Interim Session & Refund Information
At the close of the 2023 legislative session, the Montana Legislature passed Senate Joint Resolution 31 to study the State Bar of Montana. Although under the Montana Constitution, the practice of law is regulated by the Montana Supreme Court and not the legislative branch, the State Bar did not oppose SJ31 and cooperated with the Law & Justice Interim Committee throughout the 2023-24 Interim, including providing information to the committee and helping locate experts to testify on a variety of issues including bar admission and legal education.
The Law & Justice Interim Committee completed its work in the fall of 2024 and recommended no legislation resulting from the SJ31 study. The Committee's report is located here: SJ 31 - A STUDY OF ATTORNEY REGULATION AND THE STATE BAR OF MONTANA
In 2024, a second committee of the Montana Senate was formed, the Senate Select Committee on Judicial Overreach and Reform. Again, at the committee's request, the State Bar helped secure witnesses to testify on subjects such as attorney ethics and discipline and monitored the committee's work, providing testimony on topics under consideration. Late last fall, the Select Committee decided to draft legislation directly involving the State Bar and the regulation of the profession. Those bills have now been introduced in the 2025 legislative session.
The State Bar does not typically engage in governmental affairs work over the legislative interim session, as that work does not involve pending legislation but is responsive to the various interim committees and involves monitoring their work. However, because SJ31 involved the study of the State Bar and the Select Committee examined issues involving attorney regulation and discipline, during the 2023-24 interim, the State Bar decided to utilize the services of Bruce Spencer, our lobbyist, and incurred some modest allocation of bar staff time during the interim. Those Interim expenses total $17,108.48.
The Executive Committee has concluded that the State Bar should issue a legislative refund for the 2023-24 Interim. As of December 2024, at the close of the Interim, the total number of active members was 4,242. Following Board Policy 3-104, the Executive Committee has calculated that the 2023-24 Interim refund is $4.03.
Under Board Policy 3-104, active members seeking a refund for the 2023-24 Interim Session may write to the State Bar within 45 days of the date of publication of this issue of the Montana Lawer to request that refund. At the close of the 2025 Legislative Session, the State Bar will calculate a legislative refund for the 2025 session and publish it online and in the next available issue of the Montana Lawyer.
2025 Legislative Session
During the legislative session, the State Bar publishes its legislative positions in the next feasible issue of the Montana Lawyer magazine after the position is taken, and also provides a full summary of all positions at the conclusion of the session, along with the total legislative expenses incurred and a pro rata compulsory dues refund calculation. That information is also provided here on the State Bar website.