07/11/2021
The appeals court said the plaintiffs can’t be compelled to be members of the State Bar of Texas pending resolution of the lawsuit’s remedies phase.
“The bar is engaged in nongermane activities, so compelling the plaintiffs to join it violates their First Amendment rights,” the 5th Circuit said.
The State Bar of Texas has several “constitutional options,” the 5th Circuit said. “The bar can cease engaging in nongermane activities; Texas can directly regulate the legal profession and create a voluntary bar association, like New York’s; or Texas can adopt a hybrid system, like California’s. But it may not continue mandating membership in the bar as currently structured or engaging in its current activities.”
A federal appeals court ruled Friday that the mandatory state bar in Texas violates lawyers’ First Amendment rights because of its political and ideological activities.