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Fifth Circuit: Texas Lawyers Don t Have to Join State Bar and Pay Dues
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5th Circ Says Mandatory Bar Fees Violate Attys Free Speech
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5th Circ. Says Mandatory Bar Fees Violate Attys Free Speech
Law360 (July 2, 2021, 11:16 PM EDT) The Fifth Circuit held Friday that state bar associations can t require lawyers to join and pay dues to practice in the state if those fees then fund non-germane activities such as lobbying for LGBTQ rights, siding with a trio of Texas attorneys who d challenged the Lone Star state s mandatory bar.
The Fifth Circuit ruled Friday in two cases concerning whether mandatory bar membership and dues violate attorneys First Amendment rights.
(iStock.com/Rex Wholster) Texas attorneys Tony McDonald, Joshua Hammer and Mark Pulliam had alleged that the State Bar of Texas engaged in political and ideological activities that are not relevant to its interests.
The State Bar of Texas engages in political activities that fall outside the scope of its interests so it cannot force attorneys to join it and pay mandatory dues, the Fifth Circuit ruled Friday.
A man walks in front of the Fifth U.S. Circuit Court of Appeals in New Orleans on Jan. 7, 2015. (AP photo/Jonathan Bachman)
(CN) Three Texas attorneys filed a federal civil rights lawsuit against the president of the State Bar and its board members in March 2019, claiming it had overstepped its core regulatory functions by helping undocumented immigrants affected by then-President Donald Trump’s anti-immigration policies, and lobbying for passage of a bill that would amend the Texas Constitution to recognize same-sex marriages.
Texas Bar leaves attorneys on the hook to fund ideological activities – Fifth Circuit finds
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