Monday, April 22, 2019

Does Janus Invalidate Mandatory Bar Association Membership Fees

Several lawyers are challenging mandatory bar dues requirements after Janus. Until Janus, the law in most, if not all, jurisdictions was that the state could mandate that lawyers join bar associations. Janus, of course, held that state agency fee statutes which required public employees to pay an agency fee if they did not want to become union members violated the First Amendment.

I was recently quoted in the Washington Times in a story that was picked up by the AP. As you can see, my view is that state regulation of lawyer is different from the regulation of unions as the police power of the state is implicated. A copy of that article can be found here.

Mitchell Rubinstein

Does Janus Invalidate Mandatory Bar Association Membership Fees

Several lawyers are challenging mandatory bar dues requirements after Janus. Until Janus, the law in most, if not all, jurisdictions was tha...