Janus has inspired another challenge to mandatory bar association membership. The Mackinac Center writes:
The Mackinac Center Legal Foundation filed a lawsuit today against the State Bar of Michigan for violating the First Amendment right to freely associate and be free from compelled political speech.
The state of Michigan mandates that practicing attorneys pay an annual bar association fee of $315 and maintain membership in the State Bar of Michigan, a state agency. A portion of the fees goes towards legitimate purposes, including discipline boards and attorney grievance commissions. The remaining fees, however, can be spent on political speech and used to support policy positions that members may wish not to support.
The plaintiff, Lucille Taylor, is a practicing attorney and has been required by the state of Michigan to pay and associate with the State Bar in order to practice law. She has a distinguished legal career, serving as Special Assistant Attorney General, Michigan Senate majority counsel, Michigan House of Representatives minority counsel and a governor’s chief legal counsel. She has also been a visiting professor at Ave Maria School of Law for the past 10 years. Since becoming a member of the State Bar in 1972, Taylor has been required to belong to an association whose policies and positions have not always aligned with her beliefs.
Many licensed professions have associations that people can willingly join. No other licensed profession in Michigan requires an association membership in order to practice that profession. Just as doctors can choose to join the Michigan State Medical Society and public school teachers can choose to belong to the Michigan Education Association, attorneys should be able to choose whether to be a member of the State Bar.
[“Mackinac Center Sues the State Bar of Michigan for First Amendment Violation,” Mackinac Center, August 22]
