The Trials of Being a Conservative Lawyer

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Capital Research

While membership in bar associations is voluntary, most states require lawyers to enroll in the state bar to practice law in that state. These are known as mandatory or integrated bar associations. These state bars can charge mandatory membership fees and often do. Conversely, a new advisory opinion on judicial ethics are threating to prevent judges from participating in private lawyer organizations.

Two lawyers from Wisconsin are challenging the practice of mandatory bar associations, and another has refuted the reasoning behind the new advisory opinion.

Compelled Advocacy

Adam Jarchow and Michael D. Dean filed a lawsuit against the State Bar of Wisconsin, of which they are members, arguing that its status as an integrated state bar is unconstitutional under the First Amendment. According to them, the Wisconsin State Bar collected approximately $5 million in membership fees in 2019.

The lawsuit has made its way to the door of the Supreme Court. Depending on whether the justices take up the case, the Court could hand down a decision later this year.

Jarchow and Dean disagree with the state bar’s official positions on several issues, including the death penalty, felon voting rights, and matters related to criminal justice.