Last week Insideradvantage reported that several members of the Georgia legislature are discussing ways to limit the dues collecting power of the Georgia Bar Association. It seems that attorneys are happy paying dues that cover the real needs of the Bar but several are un-happy about the forced collection of those dues with no say in how the overages are spent. This feeling and a state Supreme Court ruling have some precedent in other parts of the country.
In Nebraska a state Senator from Omaha, Scott Lautenbaugh, argued that attorneys should be allowed to pay dues on a voluntary basis. He objected to mandatory dues and the way they were used for ideological and political activities such as lobbying state lawmakers on various issues. The Nebraska state Supreme Court agreed and forced the Nebraska Bar to make mandatory dues equal only to the amounts necessary to regulate the legal profession. This included maintaining records, providing continuing education classes for lawyers and setting ethics rules and enforcing them. The ruling cut the mandatory dues from $300 a year to $98 a year. The result was a $600,000 drop in dues collection. The drop occurred in payments made by both attorneys and judges. Two out of five attorneys chose to pay only the mandatory amounts and only 67% of judges chose to pay the full amount. Job and program cuts followed within the Bar and more will come if the dues continue to fall.
Expect the heat to rise as the 2015 Georgia legislative session moves closer. Legislators that make their living as attorneys have said they choose to remain anonymous for fear of a backlash from the Georgia Bar but the intent at this point is to bring legislation forward that will mirror the decision handed down by the Nebraska high court. Several attorneys have reached out to let us know they are thrilled with this potential change and hope it gets pushed through the general assembly. Currently in Georgia, contract lobbyists represent the Bar in front of the general assembly hoping to sway them on issues of importance. The courts have consistently ruled that dues paying members should have the choice to opt into political activities and not have them made a condition of practicing your profession. “It’s about time” seems to be the overwhelming response. The fellow next to me just agreed…
