The New Jersey Bar and the New Jersey State Bar Association: Roles, Purposes, and Historical Context
The New Jersey Bar and the New Jersey State Bar Association: Roles, Purposes, and Historical Context
This analysis is based on research drawn from materials produced by attorneys, lawyers, and legal professionals. However, much of this material reflects a professional or institutional perspective rather than a comprehensive historical analysis of the origins and development of the BAR and bar associations in the United States.
One does not need to be a legal scholar or an attorney to observe the monopolization of the People within this profession, or the desire to feel important and maintain control over people’s legal matters and personal freedom. This system often resembles a form of Russian roulette with people’s livelihoods, where decisions determine whether an innocent person is found guilty or not.
Historically, prior to European colonization beginning in the late 15th century, most notably following 1492. The land now known as the United States of America existed under different names and was inhabited by Indigenous cooper color peoples native to the continent. These populations occupied and governed the land long before European settlement, colonization, and the later political formation of the United States in 1776.
The modern legal profession in the United States developed largely during the 18th and 19th centuries, alongside expanding colonial and post-colonial governance structures. Bar associations emerged as mechanisms for regulating entry into the legal profession, concentrating authority over legal practice within a self-regulating class. This structure has continued into the present, raising ongoing questions about monopolization, professional gatekeeping, and constitutional alignment.
One should ask oneself how, among all professional careers, attorneys and lawyers are permitted to appoint and credential one another through paying bar membership dues they call a fee and a bar examination.
What other profession issues its members a bar identification card with a unique number affixed to it and a Supreme Court certificate of good standing as a requirement to be admitted to practice and called it a license. All of this is delegated by the BAR that is run entirely by attorneys? This structure raises serious separation-of-powers concerns.
It is, in effect, a group of attorneys granting power to themselves by determining who may practice law, who must attend law school to obtain a Juris Doctor (J.D.) degree, who must pass a bar examination, and who is prohibited from practicing law altogether. Entry into the profession, credentialing, and continued authorization to practice are all controlled internally by the same professional class.
The legal system is often justified as preventing any one group from becoming too powerful by assigning different roles within the profession, such as judge, prosecutor, attorney general, district attorney, and private attorney. These roles collectively participate in making, enforcing, and interpreting laws and are said to be supported by a system of checks and balances. The critical question, however, remains: where is the independent check and balance on the legal profession itself?
I disagree with the legal profession in its entirety because it is self-appointing and operates in ways that, in my view, conflict with the Constitution, which was ratified in 1788 and took effect in 1789. Ultimately, these entities function in a quasi capacity and lack true authority; the remainder is, in my opinion, legal jargon and misinformation.
I also disagree with my findings derived from attorney and lawyer blogs, as well as from certain legal scholars, regarding the history of the BAR and the BAR Association. One must keep in mind the broader history of America. Truth has often been hidden, destroyed, or whitewashed since colonial times, beginning with European contact in 1492 and continuing through the colonial period of the 16th and 17th centuries, when European powers brought their teachings and systems to this land.
European settlers brought with them their ideology, way of life, and systems of thought, which were imposed upon the People and used to enslave, indoctrinate, and condition them to believe that European ways of thinking including the legal profession were superior and correct.
Attorneys and lawyers frequently write only what they have been indoctrinated to believe, reiterating what they were taught and continuing to reinforce a narrative of the legal profession without critical examination. This repetition functions as a form of intellectual control, perpetuating beliefs and further misleading the People.
Below is information I located from attorney and lawyer blogs.
From a research and legal perspective, understanding the structure of legal professions in the United States requires distinguishing between state-regulated “bars,” which govern attorney scalled licensing and practice, and voluntary bar associations, which support professional development and advocacy.
This distinction is particularly important in New Jersey, where the term “New Jersey Bar” refers to the collective body of attorneys licensed by the state, while the New Jersey State Bar Association (NJSBA), founded in 1899, is a separate, voluntary organization. From a journalistic standpoint, this analysis draws upon official sources, historical records, and business registries to provide evidence-based information while avoiding speculation.
From an educational perspective, this overview aims to clarify how these entities function within the broader American legal system, including their independence from national organizations such as the American Bar Association (ABA), founded in 1878, and the Federal Bar Association (FBA), founded in 1920.
The New Jersey Bar: Role, Traits, Purpose, Duties, and Regulation
The New Jersey Bar consists of all attorneys admitted to practice law in the state, regulated directly by the New Jersey Supreme Court rather than a separate bar entity. Its primary role is to ensure competent and ethical legal practice within New Jersey's jurisdiction, serving as the gateway for lawyers to represent clients in state courts, draft legal documents, and provide counsel on state law matters. Traits of the New Jersey Bar include its mandatory nature for practicing attorneys all must be admitted and remain in good standing emphasizing accountability, ethical integrity, and public protection. For instance, admission requires passing the New Jersey bar examination or transferring a qualifying Uniform Bar Examination (UBE) score, along with character and fitness evaluations.
The purpose of the New Jersey Bar is to uphold the administration of justice by maintaining a qualified pool of legal professionals, as mandated by the state constitution. Duties include compliance with ongoing requirements such as annual registration, payment of fees to funds like the Lawyers' Fund for Client Protection (which compensates victims of attorney misconduct), and adherence to the Rules of Professional Conduct enforced by the Office of Attorney Ethics. There is no "business purpose" in a commercial sense, as the Bar is a regulatory arm of the judiciary, not a profit-driven entity; it operates to protect the public interest and the integrity of the legal system. Historically, bar regulation in New Jersey dates back to colonial times, but modern governance was formalized under the 1947 New Jersey Constitution, which vests exclusive authority in the Supreme Court to admit and discipline attorneys, evolving from earlier British-influenced systems.
The New Jersey State Bar Association (NJSBA): Role, Traits, Purpose, Duties, and Business Purpose
In contrast, the NJSBA is a voluntary, non-regulatory professional organization for attorneys, judges, and legal professionals. Its role is to act as a unifying voice for the legal community, advocating for policy changes, providing education, and fostering networking. Key traits include inclusivity (promoting diversity, equity, and inclusion), proactivity in legislative advocacy, and a focus on professional support, with over 16,000 members representing various practice areas.
The purpose of the NJSBA, as outlined in its bylaws, is to maintain the honor and dignity of the legal profession, cultivate social relations among members, serve as the voice of New Jersey attorneys to governments and the public, improve the administration of justice, and advance jurisprudence. Duties encompass offering continuing legal education (CLE) programs, lobbying on issues like child custody laws and workers' compensation, providing member benefits such as mental health support and legal research tools, and organizing community initiatives like anti-hunger campaigns. From a business perspective, the NJSBA operates as a 501(c)(6) tax-exempt nonprofit corporation, generating revenue through membership dues, event fees, sponsorships, and CLE registrations to fund its operations, with assets exceeding $10 million and no profit distribution to members. Its Employer Identification Number (EIN) is 21-0723663, confirming its status as a recognized nonprofit entity since 1945. (see NJSBA Bylaws), (see New Jersey State Bar Association Joint Resolution)
Historically, the NJSBA was founded in 1899 by 74 attorneys and incorporated on November 8, 1899, as a voluntary association to address professional needs amid growing industrialization and legal complexity in New Jersey. It has evolved into the state's largest legal organization, establishing the New Jersey Law Center in New Brunswick as its headquarters and creating affiliates like the New Jersey State Bar Foundation for public legal education. The State of New Jersey itself, as a governmental entity established in 1776 and reorganized under its 1947 constitution, has no direct "business history" with the NJSBA beyond recognizing its incorporation; the association operates independently but collaborates with state institutions on justice reforms. (see New Jersey State Bar Association), (see New Jersey State Bar Financial Report), (see New Jersey State Bar Association Cooperation News)
Connections to the Federal Bar Association and American Bar Association
The NJSBA is not a part of the Federal Bar Association (FBA) or the American Bar Association (ABA); it is an independent state-level organization. The ABA is a national voluntary association focused on setting ethical standards and accrediting law schools, with state bar associations like the NJSBA listed separately but often collaborating on initiatives such as diversity promotion and legislative advocacy. For example, NJSBA members may join the ABA individually, and the organizations share resources like CLE programs, but there is no structural subordination. (see State Bar Association)
The FBA, founded in 1920, is a national organization for federal practitioners with a separate New Jersey Chapter, focusing on federal courts and agencies; membership overlaps with the NJSBA, but the entities are distinct, with the FBA's New Jersey arm serving those practicing in federal districts within the state. Connections are primarily through shared professional networks and joint events, such as continuing education, rather than formal integration.
(see Bar Associations and Legal Organizations for Attorneys and Law Students), (see Legal Association Link)
Listing Under Dun & Bradstreet
The NJSBA is listed in Dun & Bradstreet's (D&B) business directory as a professional organization, reflecting its corporate status for operational purposes like vendor relations and credit reporting. However, its D-U-N-S Number—a unique identifier for businesses—is not publicly disclosed in available records without a direct request to D&B, as lookups require specific access or company consent. This listing underscores its nonprofit business structure, with headquarters in New Brunswick, NJ, and minimal revenue (under $5 million annually from dues and events), aligning with its educational and advocacy mission rather than commercial profit. Educationally, D&B listings for nonprofits like the NJSBA facilitate transparency in partnerships, but they do not imply for-profit operations.(see State of New Jersey PBS D-U-N-S ), (see DUNS Number, SAM and Grants.gov: Register Your Organization for Federal Grants-New Jersey Center for Nonprofit), (see Zoom Info.)
In summary, the New Jersey Bar and NJSBA play complementary roles in sustaining a robust legal ecosystem, with the former ensuring regulatory compliance and the latter enhancing professional growth. This structure exemplifies the decentralized nature of U.S. legal governance, where state autonomy prevails over national unification. For further research, consult official judiciary websites or nonprofit filings for primary evidence.
The Bar (or "Bar Guild")
The term "Bar Guild" appears to be a variation or conspiracy-laden reference to the legal "bar" or bar associations, which are professional organizations for lawyers. In legal contexts, "BAR" is not an acronym for "British Accredited Registry" or any foreign entity that's a debunked myth popularized in sovereign citizen circles, falsely claiming lawyers are agents of the British crown due to historical ties between US and English law. Instead, "bar" refers to the physical railing (or "bar") in courtrooms that separates participants from spectators, a metonym for the legal profession since medieval times. Passing the bar exam means being admitted to practice law, crossing that metaphorical barrier.
History
Function, Role, and Purpose
Bar associations function as professional bodies that license, regulate, and support lawyers. Their role includes setting ethical standards, administering bar exams, handling disciplinary actions, and advocating for legal reforms. The purpose is to advance the rule of law, improve justice administration, provide continuing education, and protect the public by prohibiting unauthorized practice. For example, the ABA influences judicial nominations and offers resources like ethics opinions and pro bono programs.
Dark Side and Secrets
On the "dark side," bar associations have faced criticism for monopolistic practices, such as restricting non-lawyers from legal work, leading to disputes with other professions (e.g., accountants or real estate agents). Disciplinary processes can be opaque, with low rates of severe sanctions despite complaints. Conspiracy theories portray them as secretive cabals controlling the judiciary, often linking to Freemasonry or foreign powers. "Secrets" in these narratives include alleged hidden oaths or elitism, but these are unsubstantiated myths. Real issues include scandals like lawyer schemes in high-profile cases, eroding trust. (see Regulation by statutes and bar associations).
(see Ethics or Ideology? Bar Associations and the Boundaries of Professional Discipline),
(see Suspicion of institutions: How distrust and conspiracy theories deteriorate social relationships
(see Five Secret Societies That Have Remained Shrouded in Mystery)
(see The dark side of L.A. law: Who is watching for legal schemers?)
The Uniform Bar Examination (UBE), Bar Associations, and State Bars: Functions, Differences, Origins, Governance, and Historical Context
From a research and legal perspective, the UBE, bar associations, and state bars represent key components of the U.S. legal profession's infrastructure, designed to standardize competency, regulate practice, and support attorneys. Journalistically, this analysis relies on official sources, historical records, and scholarly insights to address misconceptions, such as those implying commercial or corporate underpinnings, which often stem from fringe theories rather than established facts. Educationally, this overview clarifies distinctions in terminology, where "the Bar" typically refers to the collective body of licensed attorneys in a jurisdiction, "State Bar" often denotes a mandatory regulatory entity (in integrated bar states), and "Bar Association" usually means a voluntary professional organization. The discussion focuses on general U.S. structures, with specifics on New Jersey where relevant, emphasizing evidence-based facts over unsubstantiated claims.
Is the UBE a "Commercial Instrument"?
No, the Uniform Bar Examination (UBE) is not a "commercial instrument." It is a standardized legal licensing exam developed and administered by the National Conference of Bar Examiners (NCBE), a nonprofit organization, to assess the knowledge and skills required for entry-level law practice. The UBE consists of three components: the Multistate Essay Examination (MEE), Multistate Performance Test (MPT), and Multistate Bar Examination (MBE), resulting in a portable score that can be used for admission in multiple jurisdictions. Adopted by 41 jurisdictions, including New Jersey since 2017, it promotes uniformity in bar admission without conferring automatic licensure states set their own passing scores and additional requirements.
The term "commercial instrument" typically refers to negotiable instruments under the Uniform Commercial Code (UCC), such as checks or promissory notes, which facilitate commercial transactions. While the UBE tests subjects including UCC topics like negotiable instruments (commercial paper) and secured transactions, the exam itself is an educational and regulatory tool, not a financial or commercial device. Claims portraying the UBE as "commercial" appear in fringe contexts (e.g., sovereign theories) but lack support in legal scholarship or official documentation.
Core Function of the Bar Association
Bar associations, such as the American Bar Association (ABA) or state-level voluntary groups like the New Jersey State Bar Association (NJSBA), primarily serve as professional organizations dedicated to supporting attorneys, advancing the legal profession, and promoting public interest in justice. Their core functions include:
- Providing continuing legal education (CLE), resources, and professional development to enhance skills and ethical practice.
- Facilitating networking, mentorship, and community engagement among legal professionals.
- Advocating for policy reforms, diversity, equity, and access to justice, often through lobbying and public service initiatives.These are voluntary entities, not regulatory bodies, focusing on elevating the profession rather than enforcing licensure.
Core Function of "The Bar" (State Bar Association)
"The Bar" generally refers to the collective body of quasi-licensed attorneys in a jurisdiction, while "State Bar" often denotes a mandatory organization (in "integrated" or "unified" bar states) responsible for regulating the legal profession. In such states (e.g., California, Texas), the core function of the State Bar is to oversee attorney admission, discipline, ethics enforcement, and public protection, often including mandatory dues for all practicing lawyers. This includes administering bar exams, handling complaints, and maintaining standards under judicial oversight. In non-integrated states like New Jersey, "the Bar" is regulated directly by the state Supreme Court, without a mandatory State Bar entity; functions focus on licensing, ethics, and compliance.
Difference Between "The Bar" (State Bar Association) vs. Bar Associations
- The Bar/State Bar: Regulatory focus; in integrated states, mandatory membership for all bar card and certificate that is a quasi-licensed for attorneys, handling admission, discipline, and ethics (e.g., State Bar of California). Non-integrated states (like NJ) vest this in the judiciary.
- Bar Associations: Voluntary, professional groups (e.g., ABA, NJSBA) emphasizing education, advocacy, and networking; no regulatory authority over licensing. Membership is optional, and they often collaborate with State Bars but remain distinct.
Who Created the State Bar and Who Created the Bar? Are They Government-Run?
State Bars (integrated) are typically created by state legislatures through statutes, establishing them as quasi-governmental entities under Supreme Court supervision (e.g., California State Bar in 1927, Texas in 1939). "The Bar" as a regulatory body evolves from judicial authority, rooted in colonial practices but formalized by courts or laws. Bar associations are created by attorneys as private organizations (e.g., ABA in 1878 by lawyers; NJSBA in 1899 by 74 attorneys).
They are not fully "government-run" but operate with government ties: State Bars are arms of the judiciary (part of the judicial branch), enforcing rules under court oversight, making them quasi-public. Bar associations are private, nonprofit entities. In New Jersey, the Bar is regulated by the Supreme Court (government entity), while the NJSBA is private.
Is the State Bar Run by the State of New Jersey, a "Business-Run Corporation" Under Dun & Bradstreet?
No. In New Jersey, there is no mandatory "State Bar" corporation; attorney regulation is directly handled by the New Jersey Supreme Court, a government entity, covering ethics, admissions, CLE, and compliance. The State of New Jersey itself is a sovereign government, not a for-profit corporation. Dun & Bradstreet (D&B) lists government entities like the State of New Jersey and its departments (e.g., D-U-N-S numbers for procurement and credit purposes), but this is standard for public bodies engaging in business transactions, it does convert them into private corporations. Claims otherwise often arise from debunked conspiracy theories.
Dark History of This Topic and Subject
Bar associations and state bars have a documented history of exclusion and discrimination, particularly against racial minorities, women, and certain groups, reflecting broader societal biases in the U.S. legal profession. Key facts include:
- Until the mid-20th century, the ABA and many state/local bars excluded Black attorneys, leading to the formation of the National Bar Association (NBA) in 1925 by Black lawyers denied ABA membership.
- The ABA has a legacy of discrimination against U.S. territories (e.g., Puerto Rico, Guam), limiting representation until recent reforms.
- Bar exams and associations historically perpetuated exclusivity, with low Black attorney numbers (e.g., one in 1844, ~4,000 by 1973) due to barriers.
- Women were barred from practice in many states until the late 19th/early 20th centuries, and minorities faced ongoing hurdles.These issues prompted reforms, including diversity initiatives, but critiques persist (e.g., ABA's CLE diversity policies seen as overreaching). No evidence supports darker conspiracies like organized crime ties (beyond unrelated Prohibition-era contexts). For resources, see ABA archives, NBA history, and scholarly works like those in the Yale Law Journal.
In summary, these entities ensure professional standards and support, with historical flaws addressed through ongoing reforms. Consult official sites (e.g., NCBE, ABA, NJ Courts) for primary evidence.
What the Uniform Bar Examination (UBE) actually is
1. Who created it
The UBE is developed by the National Conference of Bar Examiners (NCBE).
NCBE is a private, nonprofit corporation
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It is not a government agency
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It sells exam components (MBE, MEE, MPT) to states
A state supreme court, or
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A state bar acting under authority of the state supreme court
The state, exercising its police power, regulates who may practice law
Is the UBE a “commercial instrument”?
Legally speaking: No
A commercial instrument usually involves:
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Private contracts
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Trade or commerce
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UCC governance
The UBE:
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Is a testing product, not a contract
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Does not create a commercial relationship authorizing you to practice law
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Does not override state judicial authority
The exam is purchased, but the license is an exercise of sovereign authority.
UBE = standardized exam
NCBE = private nonprofit vendor
License = sovereign judicial authority
Some people believe it is a commercial franchise or corporate license.
Why people say it’s “commercial”
People often point out that:
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NCBE charges high fees
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Bar exams generate large revenues
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Access to law is gate-kept through costly systems
Those criticisms may be policy or fairness arguments, but courts have consistently held that:
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Bar exams are regulatory, not commercial
Money changes hands.
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Fees do not convert regulation into commerce
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