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■ The State Bar ensures that its public policy positions are in compliance with
existing law and serve in the maintenance of the unified bar.
▪ Continue to closely monitor legal developments and litigation
concerning unified bars;
o LSBA continuing to monitor litigation challenging mandatory
bars in Michigan, North Dakota, Oklahoma, Oregon, Texas and
Wisconsin, and posting all filings on LSBA.org.
o Member filed suit against LSBA 8/1/19. U.S. District Court for
the Eastern District of Louisiana dismissed on 1/13/20 and
plaintiff appealed to U.S. 5 Circuit Court of Appeals. Oral
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argument originally set for 9/1/20 but delayed due to COVID.
▪ Review and assess House of Delegates policy positions in light of
current constitutional issues and consider asking the House to rescind
potentially problematic policies;
Ad Hoc Committee to Review House of Delegates Policies will submit
resolution(s) to HOD in January 2021 to consider sunset of a number
of policies.
In January 2020, HOD amended Bylaws to require all policy positions
adopted by the House to adhere to and agree with Article XI, Section 1
of the Bylaws, which sets forth scope and limitations for positions
adopted by the Legislation Committee.
▪ Amend the governing documents to increase the size of the majority
needed to adopt future policy positions;
Articles of Incorporation amended in 2019/2020 to require a 75% vote
to adopt policy positions
▪ Consider whether governing documents should be amended to
increase the size of the majority needed for the Board of Governors to
adopt positions on pending legislation;
▪ Keep the House of Delegates informed regarding mandatory bar
litigation and developments; and
President reported to HOD in June 2019 and January 2020 (HOD did
not meet in June 2020 due to COVID)
▪ Consider revisions to the Bylaws dealing with legislation to ensure
compliance and consistency with changing legal landscape.
In January 2020, HOD amended Bylaws to require all policy positions
adopted by the House to adhere to and agree with Article XI, Section 1
of the Bylaws, which sets forth scope and limitations for positions
adopted by the Legislation Committee.
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