elections
The State Bar Advisory Committee on Legislation:
Churning of the Sausage Mill
“Those that respect the law and love sausage
should watch neither being made”.
— Mark Twain
By Hon. Diane Bessen
State Court of Fulton County
W
ith the recent announcement of Tom Boller’s
retirement as lobbyist for the State Bar of Georgia,
the Bar’s Advisory Committee on Legislation
will be losing a valuable asset. As both a lobbyist and
advisor to the State Bar of Georgia Advisory Committee on
Legislation, Tom has been instrumental in guiding the State
Bar Board of Governors through the maze of proposed
legislation. As a member of the Advisory Committee, I
have had the opportunity to see firsthand how prospective
legislation that might affect the legal system and members
of the Bar is evaluated and, ultimately, becomes law. In
this short composition, we look at the important work of the
committee—and lament the all-too-soon departure of an
indispensable colleague.
to endorse the legislative change or funding proposal and
then the item moves to the Board of Governors for approval.
Much of the committee’s work on proposed legislation
begins with practitioners. As the 2013 legislative session
approaches, the committee has already met to review and
discuss prospective legislation. Committee Chair, Nicholas
C. Moraitakis, a former Georgia legislator indicated that “we
rely on different practice sections of the bar to come forward
early with proposals so the members can adequately review
them, and have a substantive and critical discussion of the
recommendations.” Naturally the attorneys practicing in
a particular field are most adept at recognizing legislation
needs. Legislative proposals can include everything from
alterations to the code, prohibitions related to unauthorized
practice of law, as well as funding issues related to domestic
violence programs or the Judicial Qualifications Commission.
The proposals are then vetted by members of the legislature
as well as attorneys that have extensive expertise in the
particular area of practice.
In just over a month, the sausage mill under the gold dome
will begin churning anew. And the members of the Advisory
Committee on Legislation will be meeting monthly to oversee
this process, but for the first time in a long time, the committee
will do its work without the legislative expertise and guidance
of Tom Boller. ■
In the case of vast legislative changes, such as the reworking
of the evidence code, the vetting process can take years.
Conversely, most legislative recommendations are easily
handled in a single legislative session. “By the time the
proposal comes up for a committee vote, all the kinks have
been worked out and an effort has been made to acquire
input from all interested parties,” noted Chair Moraitakis.
The Legislative Committee then votes on whether or not
12
THE ATLANTA LAWYER
November 2012
Even after this lengthy process is complete, it is not unusual
for the Board of Governors to reject recommended legislation.
Sometimes a proposal will return to the Advisory Committee
to address concerns expressed by the Board of Governors.
Other times the legislation has met its end. If, however, the
Board approves the legislation, it is then the Bar Association
lobbyists, such as Boller and Rusty Sewell, who are charged
with getting the bill introduced and passed. The role of these
lobbyists is, therefore, critical to a bill’s passage as well as
ensuring that any modifications are consistent with the initial
proposal and legislative intent.
David Rubenstein
s
The Official News Publication of the Atlanta Bar Association