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October 19, 2005

The Best Thing About Life Tenure Is You Don't Have To Pay Annual Dues.

T
he Miers nomination lurches from embarrassing to mortifying.

Justice-to-be Harriet Miers has twice been suspended from the bar (once in DC and once in Texas) for failing to pay her dues on time.

Here's her letter to Sen. Schumer admitting the second suspension. (pdf file)

UPDATE: We're talking about serious lateness here. In DC, a lawyer is suspended ninety days after the due date. In Texas, where Miers was also suspended for late payment, the rules now say that a lawyer gets a written warning when dues are 30 days late, and gets a suspension if that warning goes unheeded for 30 more days. (I don't know if this was the rule at the time of Miers's suspension.)

Most lawyers go their entire careers without a single suspension for late payment. (I have, thus far, and I'm a member of the bar in two different jurisdictions.) Two suspensions? Very unusual. And hardly "meticulous."

Posted by Eric at October 19, 2005 11:24 PM

Comments

And you gotta love the entire Senate Judiciary Committee sending her back to supplement her questionaire, like a student being told to revise and resubmit an essay that doesn't really answer the assignment....

Posted by: Jonathan Dresner at October 20, 2005 8:50 AM

As Specter said, "And your revised questionaire can get no better than a C at the very best. It just wouldn't be fair to other nominees who've completed it right the first time to give you full credit."

Posted by: Mojo at October 20, 2005 8:16 PM

Eric's right--you have to really be not thinking about being a lawyer to ignore your dues like that. I've been a member of the D.C. Bar for over 20 years. They give you tons of notice, many reminders, and as he said, a generous grace period. I've never come close to forgetting, and it's not because I'm that "meticulous."

Posted by: Sally at October 21, 2005 12:12 PM

In fairness I think most attorneys at big firms rely on the firm's adminstrative departments to handle things like bar dues. I've never actually paid my own dues--when I get the renewal notice I send it to accounting and forget about it (if I got a second notice, of course, I'd be all over someone to make damned sure they got paid). So I suppose there's some a smidgeon of room to think that her bar dues got missed in Texas because someone in the back office screwed up, and in D.C. because it wasn't something she was used to dealing with. Still doesn't make her look good, though.

Posted by: lostingotham at October 21, 2005 5:53 PM

I am strongly opposed to the Miers nomination, but this is a bogus criticism, at least as far as the Texas one goes. She worked for a firm in Texas; the firm would handle it, not her.

I recently had the same thing happen to me in NJ. I gave the first notice to accounts payable; they evidently didn't pay it. I got the reminder notice and forwarded it to them with a note; apparently they still didn't pay it, and my license was suspended for 3 days. (At that point, I took it upon myself to make sure it was done PDQ.) But you don't get confirmation that it has been paid from the state, so there's no indication, until the suspensions are announced, that the dues haven't been paid. The firm bears responsibility, not her. No reason she would have even known.

I don't know how it works in DC; since she's not at a firm, presumably she's responsible for paying her own, so she should have taken care of it, so it does reflect on her. Still, this is a pretty minor administrative matter. I understand that when "She's very detail oriented" is one of the few points in her favor, even minor mistakes will be seized upon, but this is trivia.

Posted by: David Nieporent at October 23, 2005 1:48 AM

While she was suspended, did she practice law? She was working at the White House in an advisory capacity: did she offer legal advice or counsel while she was not in good standing?

If the DC Bar doesn't convene an inquiry, perhaps Congress should.

Posted by: Ahistoricality at October 23, 2005 2:23 AM