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House Bill 541 Minority Opinion
HB 541: AN ACT relative to repealing the incorporation of the
New Hampshire Bar Association
Rep. Bob Mead for the minority of Judiciary:
HB 541 seeks to repeal the corporate charter granted to the New Hampshire Bar Association by the Legislature in 1873 on the basis of some very valid concerns. The legal system and the courts established by our Constitution are intended to protect the public and private rights of our citizens by providing remedies and redress when those rights have been violated. Over time, however, our legal system has come under the indirect control of a private fraternal organization through mandatory membership in, and regulation of those who practice law by, that private organization.
This obligatory membership and regulation has extended to including the very judges presiding over the courts established to protect and administer justice for our citizens. Originally founded – and chartered on the basis of its being – an independent fraternal corporation organized to pursue improvement of the administration of justice as determined by its membership, the Association has become a monopoly in violation of Article 83, Part Second. This has occurred because, the Supreme Court, which already regulated admission of attorneys to the practice of law, some 35 years ago made membership in the Association mandatory for all attorneys. The monopoly power illegally conferred on the Association has led to a situation in which the legal system established by the New Hampshire Constitution to protect the rights of, and to provide remedies and redress for its citizens, has come in no small part under the indirect control of this corporation, whose officers are neither employees of the State, nor elected to their position by the citizens of New Hampshire.
Slowly, over time and through various legislative actions and administrative rulings by the Supreme Court, controlling influences in some judicial and executive branch policies and practices have been granted to this private organization. Unique among professional organizations, it has become an authorized licensing board along with the other state and municipal agencies (RSA 161-B:2 X). This private organization determines who is qualified to satisfy some "members only" appointments by Governor and Executive Council (RSA 494:1 VIII, IX,) and contracts issued for public defenders are subject to approval by its board of governors, to whose deliberations the public has no right of access (RSA 604-B:4).
To further protect their unique position, New Hampshire Bar Association members are exempt from the state licensing required of members of other professions, such as physicians, dentists, insurance agents, realtors, and the skilled trades. The administrative controls that have been woven into the fabric of our state government by this private fraternal organization strike at the very heart of a free, open and representative government and the legal system, and sets New Hampshire apart from our neighboring New England states of Maine, Vermont, Connecticut, and Massachusetts. (webhelper opinion: It thus seems only appropriate or perhaps actually karmic justice that this minority report appear on the New Hampshire Justice Web Site (www.nhjustice.net)
*** COMMENTS ***
All we can do is share information and if each one of us could get just ONE other human being to support our truths, we would double our numbers instantly. My main focus is on efforts to get passage of my bill, HB 541 which is now owned by the Judiciary committee. What preceded was the Minority Report which I hope you have found of interest. I would like to see this Minority Report reprinted by media and given attention by talk radio so that the NH reps have the information available to make an informed decision in order to protect the Constitutional rights of their constituents; The People of The State of New Hampshire. I welcome any ideas as to how to best achieve this goal.
Best wishes for the Holiday Season,
New Hampshire House of Representatives Legislator Dick Marple
Webhelper Note: As a suggestion, should Representative Marple obtain a role call vote on HB541, the Web Site WWW.NHJUSTICE.NET would be willing to publish the vote cast by each Representative as to the passage of House Bill 541 in the belief that it would aid the Citizens of The State of New Hampshire in determining the actions their State Representatives have taken in protecting their rights as guaranteed by The New Hampshire State Constitution. Merry Christmas!
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[This Page Last Updated on December 18, 2005 at 10:37 PM]
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