Rule change petition filed.
Arizona Supreme Court will consider the petition.
The Goldwater Institute opposes conditioning the practice of law on bar membership in Arizona because coerced membership violates the rights to free speech and free association guaranteed by the United States and Arizona Constitutions. Because of this, we are sponsoring a rule change petition to allow attorneys to practice law without being forced to fund the lobbying and other non-regulatory functions of the State Bar of Arizona.
The Nebraska Supreme Court has developed a bifurcated approach to Bar membership, which requires attorneys to join the Nebraska State Bar Association, but does not require attorneys to fund the Bar’s non-regulatory functions. This means Nebraska attorneys still pay the cost of policing their profession, but do not have to subsidize the speech of the Bar Association. While the Nebraska Model falls short of the fully voluntary model used in 18 other states, it is a significant positive step toward associational freedom. The Goldwater Institute is urging the Arizona Supreme Court to take that step here and now.
Greg Falls is a Member in Sherman & Howard’s Litigation and Trial Practice Group. He has more than 25 years of experience as counsel for individuals, companies, and other organizations who are or may become involved in litigation in state or federal court, private arbitration proceedings and mediation, administrative hearings, and bankruptcy proceedings, arising out of disputes related to ownership or operation of real property, contracts and other commercial transactions, loans, contract and loan modification negotiations, and related commercial litigation. While truly enjoying the traditional adversarial process, he is a strong proponent of alternative dispute resolution as the preferred means for sophisticated parties to resolve their differences.
Jim Manley is a senior attorney at the Goldwater Institute’s Scharf-Norton Center for Constitutional Litigation. Jim litigates Goldwater Institute cases nationwide, in the areas of free speech, economic liberty, and taxpayer protections. For more than a decade, he has been fighting to protect and expand freedom. Before joining the Goldwater Institute, Jim served six years as a staff attorney at Mountain States Legal Foundation. In his first case after graduating from law school, he secured a victory at the Colorado Supreme Court protecting the right to self-defense on college campuses. His cases defending free speech, the right to keep and bear arms, taxpayer rights, and property rights have set important precedents in state and federal courts. A native of Michigan, he graduated from Arizona State University, with a double major in Political Science and Journalism. He earned his J.D. from the University of Colorado Law School, where he served as an Associate Editor of the Law Review and President of the Federalist Society. Before attending law school, Jim was a professional ski instructor in Telluride, Colorado, and a Reagan Fellow at the Goldwater Institute.