THIS YEAR’S 2004 NHBA Board of Governors’ election will contain a second ballot asking Bar members to vote on the continuation of the Bar membership requirement as a condition of the license to practice law in New Hampshire.

As instructed by the Supreme Court, the referendum question will be placed on a separate ballot from the Board election ballot, with a separate return envelope for each ballot provided. The NHBA will retain all referendum ballots that are returned under seal, without performing a count, pending further order of the Supreme Court. The candidates’ ballots will be counted in the usual manner.

The Bar Association, in a petition for original jurisdiction filed with the court, has argued that RSA 311.7-g represents an unconstitutional intrusion into the court’s jurisdiction over the regulation of the practice of law. The suit also challenges the constitutionality of statute’s narrowing of permissible lobbying activities by the mandatory bar. The case will be argued before the court on March 10.

The law, passed in the last legislative session, called for the membership referendum to be conducted in conjunction with the Bar’s regular officers’ election, which, according to the bylaws, is held in the spring. Ballots for both the officers’ election and the referendum will be mailed no later than March 15, with voting to be completed by April 15.

A "yes" vote would allow the Bar to continue to be unified, but another referendum asking the same question would be required every five years, according to the statute. A "no" vote would eliminate the Bar membership requirement for lawyers licensed to practice in New Hampshire, but the statute does not spell out how or by whom licensure would be carried out, or what provisions would be made for an orderly transition. (See page 5 for highlights of the statute and more on this referendum.)

At a regular Board of Governors’ Meeting held Feb. 19, the Board unanimously approved a resolution urging members to vote "Yes" on the referendum. Bar officers also outlined what steps will be taken to provide information to Bar members about the economic implications of changing the membership requirement, and clarifying what would or would not occur as a result of deunification.

Opportunities will also be provided for members to provide input on the referendum through informational forums, in Bar News and on the Bar’s Web site. (Readers may consult www.nhbar.org at any time. The pleadings in the Bar’s challenge of the referendum, as well as articles, both pro and con on the unified Bar, are posted there.)

A proportional representation or sampling of letters or emails regarding this question will be published in upcoming issues of Bar News. Bar members are encouraged to send their comments to dwise@nhbar.org or to the Bar News at 112 Pleasant Street, Concord, NH 03301. Fax: 224-2910. (See page 5 for more information on Bar News publication deadlines.)

Members with specific questions on the issue are encouraged to contact officers of the Bar or NHBA Executive Director Jeannine L. McCoy.

See page 2 for information on the slate of candidates for the NHBA Board of Governors election.

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