In 2010, the Virginia state legislature imposed a judicial hiring freeze, declining to fill any newly created vacancies created due to judges retiring, resigning, or otherwise leaving the bench. The council of the state’s mandatory bar (Virginia State Bar), itself an agency of the Virginia Supreme Court, passed a February 2010 resolution urging funding for the vacancies. Nevertheless, the freeze was approved.
In December 2010 the president of the VSB sent a letter to all bar members urging they indicate to their state legislators the impact the freeze was having in Virginia’s courts.
According to the Virginia Lawyer Weekly’s blog, the pressure initially appeared to have succeeded in getting additional funding for judgeships in 2011. However, the Governor’s plan for funding those positions includes use of $5 million in mandatory bar dues. Existing state law directs the bar dues go to a State Bar Fund to pay for the Bar itself and its functions.
The incoming chair of the House Courts of Justice Committee indicated to Virginia Lawyers Weekly he thought this was a direct response by the Governor to VSB’s efforts at advocacy against the hiring freeze plan.
Are state bar dues nationally subject to this sort of general appropriation movement? Virginia’s state appropriations bill (HB 30 of 2010) at pages 25-26 go into detail with respect to state bar funding. Contrast this to South Dakota’s appropriations bill (SB 196 of 2010) which lists State Bar of South Dakota appropriations as “Informational” only.