Ethics Bias/Diversity CLE: Do mandatory bar associations stifle freedom and diversity of thought in the legal profession?

Featuring:

• Scott Day Freeman, Senior Attorney, Goldwater Institute
• Derek T. Ho, Partner, Kellogg Hansen Todd Figel & Frederick, PLLC
• Patrick Ishmael, Director of Government Accountability, Show-Me Institute
• Moderator: Hon. Stephen N. Limbaugh, Jr., Senior Judge, United States District Court, Eastern District of Missouri

Over half of state bar associations are mandatory—that is, lawyers must belong to them as a precondition to practicing law. In many instances, such bar associations take public stances on a variety of issues, ranging from seemingly-mundane proposed amendments of state civil procedure rules to more polarizing, hot-button political issues. Even if some of their members may disagree with these stances, they are still required to join and pay dues to the associations as a precondition to practicing law. This raises the question of whether mandatory bar associations stifle freedom and diversity of thought in the legal profession. 

The Supreme Court of the United States upheld the constitutionality of mandatory bar associations in Keller v. State Bar of California, 496 U.S. 1 (1990). There, the Court likened mandatory bars to labor unions, concluding that they could collect membership dues from otherwise-objecting lawyers so long as such dues were only used to fund activities germane to the practice of law. But this holding has been called into question by the Court’s subsequent opinion in Janus v. American Federation of State, County, and Municipal Employees, Council 31, 138 S.Ct. 2448 (2018). In Janus, the Court held that public unions could not collect a fee from non-members, even if the fee was used to fund only activities germane to the union’s purpose, as such an arrangement was a violation of the non-members’ rights under the First Amendment. Most federal appellate courts to consider the issue in the wake of Janus have concluded that while Janus has weakened Keller’s reasoning, there is nothing to be done about the matter unless and until the Supreme Court explicitly overrules Keller. 

This CLE will debate whether mandatory bar associations threaten members’ First Amendment rights.

Tickets:

$25 Members | $40 Non-Members | $10 Students

Missouri ethics bias/diversity CLE credit pending.

Drinks and heavy hors d'oeuvres will be served.

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.