Bar News - March 5, 2004
Challenged Statute on Bar Membership Requirement
THE FOLLOWING IS the new law that is being challenged by the NHBA on constitutional grounds, including separation of powers. Oral arguments before the NH Supreme Court are scheduled for March 10 at 9:30 a.m. For pleadings in the case, visit News Releases.
311:7-g State Bar Association Membership; Vote Required.
- The supreme court, pursuant to its power to regulate the practice of law under this chapter and its continuing supervisory authority over attorneys practicing before courts of this state, may assess fees for the purpose of regulating the practice of law and for maintaining a professional conduct committee.
- The supreme court may require all persons engaged in the practice of law in this state to be members of the New Hampshire Bar Association; provided that the members of the Bar Association have approved the requirement pursuant to paragraph III.
- The board of governors of the New Hampshire Bar Association shall place on the ballot with the election of officers of the association, the following question: "Shall membership in the New Hampshire Bar Association be required for all attorneys licensed to practice in this state?" An affirmative vote of a majority of those voting on the question, shall allow for the requirement by the supreme court under paragraph II. Approval by the membership under this paragraph shall be valid for a 5-year period beginning on the date of the affirmative vote.
Source. 2003, 250:1, eff. July 1, 2003.
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