AUSTIN – The Board of Directors for the State Bar of Texas were recently granted summary in lawsuit alleging that forced funding of its “diversity” initiatives and legislative programs is unconstitutional.
In March 2019, three Texas attorneys filed suit against the Bar’s directors, alleging First Amendment rights violations under Janus v. AFSCME – a 2018 Supreme Court decision that found that millions of public servants no longer have to pay a government union as a condition of employment.
In their suit, the plaintiffs argued that it violates the First Amendment to compel attorneys to financially support the Bar in order for them to engage in their chosen profession.
They asserted that the Bar engages in numerous activities beyond its regulatory functions, such as engaging in “diversity” initiatives based on attorneys’ race, gender, and sexual orientation; and operating a legislative program that drafts and advocates for the passage of legislation.
On May 29, a final judgment was entered in the case, granting the defendants summary judgment and ordering that the plaintiffs take nothing, court records show.
U.S. District Judge Lee Yeakel found that the Bar provides members with advance, detailed notice of its proposed expenditures, along with several opportunities to object.
“Because the Bar has adequate procedural safeguards in place to protect against compelled speech and because mandatory Bar membership and compulsory fees do not otherwise violate the First Amendment, Plaintiffs' claim that the Bar unconstitutionally coerces them into funding allegedly non-chargeable activities without a meaningful opportunity to object necessarily fails as a matter of law,” the order states.
While granting the defendants’ motion, Judge Yeakel denied the plaintiffs’ motion for partial summary judgment on liability.
“We are very pleased with Judge Yeakel’s measured and thoughtful decision,” said State Bar President Randy Sorrels. “Almost six decades of U.S. Supreme Court precedent supports the constitutionality of the unified bar structure. The State Bar is carrying out its statutory obligations by regulating the legal profession and improving the quality of legal services in Texas.”
The issue of mandatory dues was first raised by former Bar president Joe Longley last January. Longley asked the Texas Attorney General’s Office if 76,000, due-paying attorneys have the right to vote on the election of Texas Young Lawyers Association officials.
When Sorrels took office, he declined to continue the request, however.
Attorneys Tony McDonald, Joshua Hammer and Mark Pulliam brought the suit.
Filed in the Western District of Texas, case No. 1:19-cv-00219