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The Bar encourages lawyers to be involved in the legislative process. We can assist in improving legislation. We are fortunate that many Utah lawyers participate indirectly in
the legislative process and that several Utah lawyers serve in the legislature. On December 1st several of Utah's lawyer legislators took the opportunity to meet with the Bar
Commission. The insight they provided was greatly appreciated, particularly as they outlined the basics of working with a legislator:
Watching the process:
DO watch the legislative web site for bill information. Watch before the session for pre-filing lists.
DON'T ask a legislator to call you if a bill appears on a certain subject. There is simply no time to make these general contacts.
Contacting a legislator:
DO contact a legislator by the preferred method listed in the accompanying chart.
DON'T appear at the legislature, pass a note onto the
floor and ask the legislator to leave the floor. This may be against the rules at certain times and at all times is very inconvenient.
DO make any written material (fax or e-mail) brief and concise.
DON'T use long or technical arguments.
BEWARE of voice mail for legislators during the session. It is
often impossible to pick it up timely and it forces the legislator to take notes, when an e-mail or fax would itself create a hard copy for the legislator.
Comments and Recommendations on Bills:
DO include recommended corrective language for any bills.
DO provide insight on a bill at the earliest opportunity. The
session moves very fast and a legislator may have only minutes with any particular bill.
DON'T wait until a committee hearing to make a comment. Try to work with the bill
sponsor or another interested legislator before committee hearings.
Basic Legislative Process
Rep. Patrice Arent summarized the Utah legislative process in an article in the October 1997 Bar Journal:
The legislative process
actually begins months before the annual January through March session, with interim sessions, bill pre-filing and scheduling. During this interim period, each representative
and senator is extremely involved in specific committee work and rarely has a glimpse of legislation outside that legislator's particular committee area.
January 15th the session begins. During the session, all bills are posted approximately 24 hours in advance. The legislators, however, do not usually see the bills at posting
time, since they are in meetings all day during the legislative session. The first time a legislator will see a bill may be 10:30 p.m. the night before it will be acted upon.
At that time of night, it is too late for the legislator to call lawyers to get input. But it is at this stage where lawyer feedback to the legislators is needed. If the input
is already there in the form of an e-mail or fax, it is very helpful.
What is the Role of the Bar in Legislation?
The Utah State Bar Governmental Relations Committee meets every Thursday at noon during the legislative session. All Bar
members are invited. David Bird, Chair of the Committee, specifically requests that a representative from every section be present so that specific practice analysis is
available. The bill can be referred for review to someone not present at a Thursday lunch meeting but this often means the bill will pass in the meantime, without review. John
T. Nielsen, the Bar's lobbyist, meets with the Committee and works with Committee Chair David Bird in the bar's lobbying efforts.
The Governmental Relations Committee reviews legislation and recommends that the Bar Commission take a position on some legislation for the entire Bar. The Bar may only take
legislative positions on matters that Òaffect the administration of justice.Ó Bad law, poorly written law, or law that negatively impacts specific practice areas is not a
legitimate concern of the Bar under current rules. Mandatory Bar dues cannot be used for legislative activity unless the Òadministration of justiceÓ is affected. Sections,
however, can take positions on specific practice area legislation not affecting the administration of justice if they make it clear their position is that of a section, not of
the Bar.
Conclusion
There are many opportunities for participation in the legislative process, particularly with the very useful legislative web site. Any lawyer in the state
can be thoroughly up to date and provide timely input with this tool. E-mail and fax provide opportunities for participation. I encourage all of us to watch law before it
happens.
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