Some State Bar diversity participants walk away from program

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Two program participants have decided not to renew their participation in the State Bar of Wisconsin’s Diversity Clerkship Program, but both say it is not a result of a lawsuit filed against the bar over its diversity program.

When contacted about the number of participants in this year’s program, the State Bar did not respond to multiple Wisconsin Law Journal requests over the past seven days. Last summer, 25 organizations, businesses and government entities participated.

The Wisconsin Law Journal reached out to the 25 participants in 2023; 15 responded. Of those 15, only two — Law Forward in Madison and Alliant Energy — said they were skipping the program this year.

Law Forward said it decides each year whether or not to hire clerks and it does not have the capacity for a clerk from the State Bar program or any other programs this summer. In an email, Law Forward affirmed its support for the program.

After the 2023 program, Alliant said it “decided not to renew its participation in the program in 2024 in order to explore other programs in the communities we serve throughout both Wisconsin and Iowa,” said spokesperson Morgan Hawk.

The State Bar of Wisconsin Diversity Clerkship Program, which was subject to a federal lawsuit, facilitates paid summer internships for 1L students at Marquette University Law School and the University of Wisconsin Law School at private law firms, corporate legal departments and governmental agencies in Wisconsin that choose to participate by coordinating opportunities for applicants to the program to meet, interview and be connected with those employers who participate in the program.

In early April, the State Bar settled a lawsuit with member Daniel Suhr, who challenged the program in federal court. Last December, Suhr, through the Wisconsin Institute for Law & Liberty (WILL), sued the State Bar in the U.S. District Court for the Eastern District of Wisconsin, alleging the program discriminates based on race.

The settlement left the program unchanged although the State Bar updated its definition of diversity to include race, ethnicity, national origin, religion, gender, gender identity, age, sexual orientation and disability as these include persons with “differing characteristics, beliefs, experiences, interests and viewpoints.”

The previous definition stated diversity is an “inclusive concept that encompasses, among other things, race, ethnicity, national origin, religion, gender, gender identity, age, sexual orientation and disability.”

In a statement announcing the early April settlement, the State Bar said that “the Diversity Clerkship Program’s continued operation is a victory for Wisconsin’s law students and future lawyers, those employers who participate in the program, and consumers of legal services in Wisconsin. The State Bar is committed to moving forward and doing good by creating opportunities for law students who are the next generation of lawyers.”

However, WILL says that is not the case and issued an opposing statement.

A WILL spokesperson said the settlement is effectively “ending discriminatory DEI practices at the State Bar.”

As previously reported, the State Bar of Wisconsin received a letter earlier in April from attorneys at Wisconsin Law and Liberty, according to counsel from WILL who noted future litigation is anticipated against the Wisconsin State Bar if it fails to comply with the terms of the settlement agreement.