Federal judge allows proceedings against bar association

WILL argues that the state bar association violates members' rights under the First Amendment to the Constitution

The news: A federal judge has certified a case against the Wisconsin State Bar (the Bar) following a lawsuit filed by the Wisconsin Institute for Law and Liberty (WILL), alleging that mandatory bar membership is unconstitutional.

Under state law, lawyers are required to join the bar association and pay hundreds of dollars in annual membership dues to practice in Wisconsin. The membership dues are then used by the bar association to fund controversial political activities — violating its members' freedom of association and speech. A victory in this case would free thousands of lawyers from compulsory membership and collectively save lawyers across the state an estimated $5 million in annual membership dues.

The quotes: Skylar Croy, associate counsel at WILL, stated, “Mandatory bar membership and dues should regulate and improve the quality of legal services in the state. They should never help the bar advance a political agenda. No citizen should be forced to join and fund a group that advocates for causes with which he or she disagrees.”

WILL client Daniel Suhr said, “Today's decision is an important first step toward greater freedom and fairness for lawyers across Wisconsin. This decision strengthens fundamental principles of the First Amendment, such as the right of each of us to decide for ourselves which causes deserve our support.”

Additional background: Like many other states, Wisconsin lawyers must join the bar and pay annual dues. This has been challenged on constitutional grounds for decades. However, WILL's claim that this violates freedom of association and freedom of speech raises new legal theories that have not been resolved. Since the bar itself admits to engaging in activities that do not serve to regulate or improve the quality of legal services, the federal court has agreed to rule on whether mandatory membership or dues are unconstitutional.

The Bar Association has engaged in many controversial political activities, including its support of the Black Lives Matter movement, even though some members disagree with these activities. It is unconstitutional to force lawyers to become members of an association and use their membership dues to promote projects that contradict their sincerely held beliefs.

All citizens have the right to voluntarily join or leave groups, just as any worker can choose to join or avoid a public sector union, the United States Supreme Court ruled in its 2018 decision. Janus vs. AFSCME Decision. Requiring lawyers to maintain their membership in a group that actively opposes their interests violates the First Amendment, a crucial element of any free society.

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