Matter of an Integrated Bar

Summary

The Massachusetts Supreme Judicial Court considered a petition by the Massachusetts Bar Association seeking establishment of an integrated bar requiring all attorneys in the Commonwealth to belong to it. Without deciding whether it had jurisdiction to establish such a bar, the court concluded that the proposal was not presently supported by the Massachusetts bar generally and would not currently serve the public interest or administration of justice; the petition was dismissed without prejudice.

Holdings

1. The court declined to establish an integrated bar because the record did not show that Massachusetts attorneys generally favored such action and because establishing one at that time would not be in the public interest or the interest of the administration of justice.
2. The petition for court action concerning the proposed integrated bar was dismissed without prejudice.

Questions Presented

1. Whether the Supreme Judicial Court had jurisdiction to establish an integrated bar requiring every Massachusetts attorney to be a member in order to practice law.
2. Whether establishing an integrated bar would be in the public interest and in the interest of the administration of justice.
3. What rules and bylaws should govern an integrated bar if one were established.

Disposition

dismissed