SBAND EXECUTIVE DIRECTOR
SBAND EXECUTIVE DIRECTOR
SBAND CLOSELY MONITORS LEGISLATION IMPACTING LEGAL PROFESSION
TONY J . WEILER SBAND Executive Director
Happy New Year ! Because we are in an oddnumbered year , the biennial legislative session is underway .
SBAND ’ s Legislative Committee is hard at work reviewing bills that may impact the legal profession or the administration of justice . The legislative committee is assigned bills by the executive director and meets weekly to review each assigned bill and provide input . This is extremely important for what we do , because with so many bills being introduced , the expertise of lawyers and lawyer lobbyists who provide input are the real experts . Your board of governors also meets weekly to review bills on which the legislative committee has recommended a position . The stated objectives of SBAND include promoting the administration of justice and upholding the honor of the profession . We are guided by our legislative policy , some of which I will outline below .
As an integrated or unified bar , SBAND endeavors to speak for SBAND as a whole , while fully recognizing it is a practical impossibility to gain unanimity of opinion on almost any issue . The legislative policy is intended to set parameters for SBAND legislative activities . Further , as an integrated bar and pursuant to Keller v . California , SBAND license fees are used to regulate the profession and improve the quality of legal services available to the people of North Dakota . The most controversial issues are almost always the most divisive and they are also invariably the ones that SBAND is asked to comment on . Because of that , the association takes very few positions . We support the Court ’ s budget , the budget of the Indigent Defense Commission , and a few bills from the Uniform Laws Commission .
When it comes to broader issues of social policy , SBAND ’ s role and influence is necessarily different . These are issues that generally have strong political overtones . SBAND recognizes this important distinction , and as a result , we flatly don ’ t take positions on these types of issues .
Generally , the expertise of the association ’ s committees , sections , and members is respected and welcomed . This is especially true with the myriad of bills and measures dealing with the complex laws affecting commerce , such as the Uniform Commercial Code , trade regulation and business organization laws , laws relating to estates and trusts , laws relating to family law , or those particularly affecting the practice of law , such as regulation of attorneys , budget appropriation for the judiciary , proposed changes in litigation procedures , etc .
Legislators and legislative committees often seek out the views of knowledgeable representatives of the association in these areas and pay close attention to their recommendations . Within that framework , the association has a significant impact on legislation and will maintain a policy of supporting , opposing , and proposing legislation in this area .
Sections of the association may propose and support legislation that falls within their areas of expertise . Any legislation , however , must first be reviewed by the board of governors to indicate the position , if any , of the association .
If the association opposes the legislation , the section may not propose it . Any proposed legislation , or testimony in support of or in opposition to any legislation , should first be sent to the SBAND executive director . If a section representative testifies on behalf of the section , there must be a clear disclaimer the position is that of the section and not of SBAND . It is also important for sections to be mindful of those issues that are political in nature and attempt to avoid positions on issues that fall within that category .
You can find all the bills we are supporting and tracking on SBAND ’ s website , where we update you weekly so you can remain informed and weigh in if you choose . It ’ s easy to provide written testimony online and provide verbal testimony on any bill via electronic means .
On another note , Gov . Kelly Armstrong is a long-time member of SBAND and a friend of mine . He will bring years of state and federal legislative experience to the capitol . I look forward to working with him on issues that are important to the judicial system , lawyers , and ultimately , the public .
Finally , I was also able to attend the investiture of North Dakota ’ s first female congresswoman , Julie Fedorchak . I have been friends with Rep . Fedorchak and her husband , Mike , since college , and they have remained family friends ever since . I believe having relationships with leaders in our state is good for SBAND , and ultimately , our citizens .
If you have any questions or concerns about our legislative work , please reach out to me .
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