Bar News - February 21, 2003
Court Decision Limits Bar Advocacy
A 1986 DECISION of the NH Supreme Court (128 NH 24 ) in Petition of William L. Chapman clarified the limits of legislative advocacy that would be permissible for the New Hampshire Bar Association, under the terms of the earlier Supreme Court decision authorizing its unification and upon U.S. Supreme Court precedents.
The court set forth the standard that the Bar could only take positions upon "those matters which are related directly to the efficient administration of the judicial system; the composition and operation of the courts; and the education, ethics, competence, integrity and regulation, as a body, of the legal profession."
After enumerating a number of specific examples of pending legislation to which it applied the standard, the Chapman majority also cautioned: "Where substantial unanimity does not exist, or is not known to exist within the bar as a whole, particularly with regard to issues affecting members' economic self-interest, the bar should exercise caution."
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