Federal judge allows case against the State Bar of Wisconsin to proceed

A federal judge on Tuesday allowed a case against the State Bar of Wisconsin to proceed, following a lawsuit from the Wisconsin Institute for Law and Liberty (WILL) over mandatory membership in the group.

On Tuesday afternoon, State Bar of Wisconsin President Ryan Billings noted the ruling also dismissed claims against State Bar of Wisconsin Past President Dean Dietrich and chairperson Melodie Wiseman.

“The State Bar applauds the Court’s dismissal of the claims against Past-President Dietrich, Chairperson Wiseman, and the as-yet-elected President-Elect, as well as the Court’s dismissal of any claims for money damages,” Billings said.

“The Court determined that the remaining claims require further consideration and development of the record. The State Bar intends to defend the litigation vigorously, and looks forward to demonstrating that its activities and procedures are constitutionally permissible, as it has in many similar cases over the last seven decades,” Billings added.

WILL asserts that mandatory membership in the Bar is unconstitutional, as many states across the nation do not require bar membership.

Pursuant to Wisconsin statutes, attorneys are mandated to join the State Bar, paying hundreds of dollars in dues each year to practice in Wisconsin.

According to WILL, the State Bar then uses the dues to fund controversial political activities — thereby violating its members’ freedom of association and freedom of speech. A victory in this case would liberate thousands of attorneys from compelled membership, collectively saving attorneys statewide an estimated $5 million in annual dues, according to WILL attorneys.

“Mandatory Bar membership and dues were meant to regulate and improve the quality of legal services in the state. They were never supposed to assist the Bar in advancing a political agenda. No citizen should be forced to join and fund a group that advocates for causes with which he or she disagrees,” said WILL Associate Counsel Skylar Croy.

WILL’s client, Daniel Suhr, said Tuesday’s decision reaffirms constitutional principles.

“Today’s decision is an important first step toward achieving freedom and fairness for attorneys across Wisconsin. This decision reinforces basic First Amendment principles, like the right of each of us to choose for ourselves what causes deserve our support,” Suhr said.

Several states like Wisconsin require attorneys to become members of the State Bar and to pay annual dues. Counsel for WILL noted this has been constitutionally challenged for decades. However, WILL’s claim that it violates freedom of association and freedom of speech advances new legal theories that have not been previously resolved.

Due to the fact that the State Bar of Wisconsin itself admits to engaging in activities that are not germane to either regulating or improving the quality of legal services, the federal court has agreed to decide if compelling membership or dues are unconstitutional, according to WILL.

Counsel for WILL further stated the State Bar has engaged in many controversial political activities, including its endorsement of Black Lives Matter, even though some members do not agree with these activities. It is unconstitutional to force attorneys to become members of an association and use their dues to promote projects that contradict their sincerely held beliefs, WILL said.

According to WILL, all citizens have the right to voluntarily join or leave groups, just as any worker can choose to participate in or avoid a public-sector union, as the United States Supreme Court ruled in the 2018 Janus v. AFSCME decision. Ordering attorneys to maintain membership in a group that actively counteracts their interests violates the First Amendment, a crucial element of any free society.