Lobbying Expense Refund

The State Bar's Role in Lobbying

The Arizona Supreme Court recently modified Rule 32 to clarify the State Bar's activities. The modification reads:

The State Bar shall conduct any activities that are necessarily or reasonably incurred for the purpose of regulating the legal profession or improving the quality of legal services available to the people of the State of Arizona, in compliance with Keller v. State Bar of California, 496 U.S. 1 (1990). Additionally, a member who objects to particular State Bar activities may request a refund of the portion of the annual fee allocable to those activities at the end of the membership year.

The State Bar may promote bills drafted by our sections to improve the practice of law. These bills must first be approved by the Board of Governors before lobbying activity begins. The State Bar then finds legislators willing to sponsor these bills.

The State Bar is also involved with bar associations nationwide to lobby for funding the Legal Services Corporation, which seeks to ensure equal access to justice to all Americans by providing civil legal assistance to those who otherwise would be unable to afford it.

Keller v. State Bar of California 496 U.S. 1 (1990) requires that mandatory bars not use fees for political or ideological activities that are not related to lawyer regulation or improving the quality of legal services.

As directed by the court, the State Bar of Arizona uses what is called a "Keller-Pure" approach regarding lobbying and other activities. The State Bar conducts a Keller analysis before the organization takes an official position on any issue. If it is determined that the issue would not pass the Keller standard, the State Bar of Arizona does not take a position or use staff time on behalf of the proposal.  

You can read the Keller v. State Bar of California opinion here.

The State Bar Board of Governors Keller Refund Request Policy and Procedures are available here.