Policies
and Procedures:
Legislation and Court Rules
- Last
Updated 9/22/04 -
The Minnesota State Bar Association can speak for all of its members
on proposed legislation or court rules. MSBA committees and sections
can speak independently as long as certain rules have been followed.
Association
Action -- See Article 13, MSBA Bylaws
The MSBA can endorse or oppose legislation or rule proposals which are:
- Within the expertise of the legal profession;
- Within the purposes of the MSBA; and
- Of the public interest.
The Association takes action through the:
Sections and committees may present legislative recommendations to
any of these bodies to obtain MSBA endorsement through the staff liaison
or by contacting the MSBA Executive Director. Proposals for MSBA endorsement
are reviewed by the MSBA Legislative Committee, which coordinates the
lobbying efforts of the Association. The Legislative Committee makes
recommendations to the Assembly, which adopts the MSBA legislative agenda
at its December meeting.
Association positions remain in effect for six years. Only the President
or the President's designee has authority to testify on the position
or to agree to amendments and substitute proposals, consistent with
previously adopted positions of the MSBA.
Section or Committee
Action -- See Article 14, MSBA Bylaws
Legislative positions may be taken by sections and committees of the
MSBA without seeking full Association endorsement. The Association has
the right to pre-empt independent positions by placing the issue on
the agenda of the Assembly, or the Council. Committee and section positions
are subject to the same requirements as Association actions. In addition,
the section or committee must satisfy Article 14 of the Bylaws by certifying
to the President:
- Vote totals on the matter;
- That the matter is germane to the section or committee;
- That the item has been approved in accordance with the section's
bylaws or, in the case of a committee, by a majority of the quorum;
- That the position is not contrary to any current position of the
MSBA;
- That the matter does not address an issue pending consideration
by the MSBA on the agenda of a governing body;
- That the position indicates that it is the action of the section,
section council, or committee and does not represent the views or
action of the entire MSBA; and
- That a copy of the position has been provided to the MSBA legislative
representative or shall be provided prior to any presentation of the
position to the public or any governmental body.
Section Legislative Positions --
Policy adopted December 5, 2003
Legislative
Resources
The legislative representative of the MSBA is available to committees
and sections for positions endorsed by the MSBA. The legislative representative
provides direct legislative services, including bill drafting, securing
bill sponsors, scheduling and preparing testimony before the legislature,
and lobbying for or against specific bills. The legislative representative
reviews all bill introductions and will refer appropriate bills to sections
and committees for consideration throughout the legislative session.
Who to Call
Tim Groshens, Executive Director
612/333-1183
email: tgroshens@mnbar.org
600 Nicollet Mall, #380
Minneapolis, 55402
612/33-1183 or 800/882-MSBA
Fax: 612/333-4927