Then there are those issues that routinely involve many lawyers and the courts that may be appropriate for MSBA action, but which the Association has chosen to avoid. Examples of these issues are gun control, correctional policies, most family issues, land use policies and most health care issues. Bills concerning these items are referred to MSBA sections and committees for review and possible action by these groups. It is important to recognize that the MSBA legislative process has been designed to encourage a free flow of information between sections and committees, local and specialty bars and the Board of Governors, while maintaining a strict process for the adoption of an Association-wide position. Sections in particular, are seen as a fertile source of new ideas for the development of legislative initiatives.
Sections have autonomy in taking stances on bills that fall within their area of expertise.
Unlike some other state bar associations, the MSBA does not require Board of Governors approval before sections may adopt a section position on legislative proposals, so long as it does not conflict with a policy or position of the Board of Governors. In most cases the Board of Governors seeks the views of one or more sections on particular issues before it adopts a formal position on a specific piece of legislation. The MSBA Committee on Laws meeting held in August, the first substantive meeting of the 1996-1997 Board of Governors in September, and the Local and Specialty Bar Conference in September are all part of the MSBA s legislative process. It is important that the MSBA conduct a full and complete discussion of controversial issues on these occasions. I encourage all of you to participate in this process.