Bills would ban mandatory membership in State Bar, but support lacking

azbarsmBy Gary Grado | Arizona Capitol Times

Identical, obscure proposals in each legislative chamber would make a major change to the state’s legal system. And even though they appear to be dead, the question of whether it’s right to force lawyers to join the State Bar of Arizona will likely rise again.

SB1414 and HB2480 would turn over all parts of attorney discipline to the Arizona Supreme Court and do away with mandatory, paid membership with the State Bar of Arizona for lawyers.

The sponsors of the bills, Sen. Rick Murphy, R-Peoria, and Rep. John Allen, R-Scottsdale, each had their own reasons for introducing their measures, but both have problems with the requirement for lawyers to join the Bar.

Murphy sees it as a similar situation to forcing someone to join a labor union, which compels the person to subsidize political positions they might not agree with. Allen sees the dues members have to pay as the functional equivalent of a tax imposed by the court, which is unconstitutional.

He compared the requirement to improper attempts to do good deeds.

Continued:

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