Abstract
Barnard carves out a significant 'exception to the cases liberally allowing public access to state bar records. One might argue that in light of Daily GazetteY- Sadler, and Florida's recent move to an open disciplinary process," the Barnard decision represents a step backward to the era of secrecy. Barnard is not a throwback to the former era, however, because it represents a situation in which there was little public interest in access, yet a significant interest in privacy. Courts and legislatures should compel public access from state bars because they carry out governmentally-delegated functions, not merely because they hope to improve the legal profession's public image. Applying disclosure laws to the public functions of the bar, while still retaining respect for privacy, is a complex problem and may result in confusion and litigation, but it balances the interests of bar members, of the bar's employees, and of the public.
Recommended Citation
Dellenbach, David B.
(1992)
"Barnard v. Utah State Bar and Public Access
to Private Entities Which Carry Out
Governmental Functions: Is This Bar a
Private Club?,"
Utah Law Review: Vol. 1992:
No.
3, Article 12.
Available at:
https://dc.law.utah.edu/ulr/vol1992/iss3/12