Attorney General Ken Paxton commends the United States Court of Appeals for the Fifth Circuit’s recent decision in McDonald v. Longley, which held that the State Bar of Texas violated the First Amendment rights of its members—who must join and pay dues if they wish to practice law in Texas—when the State Bar engaged in politically- and ideologically-charged legislative and lobbying activities that were not “germane” to its core functions of regulating the legal profession and improving the quality of legal services. The Court further held that the State Bar did not have constitutionally adequate procedures to inform attorneys how their bar dues were being spent. The Fifth Circuit granted a preliminary injunction that forbids the State Bar “from requiring the plaintiffs to join or pay dues pending completion of the remedies phase” and remanded the case to the district court for further handling.
“Texas law does not give the State Bar the ability to spend attorneys’ membership fees however it sees fit, and the Court recognized this blatant misuse of funds,” Attorney General Paxton said. “We demand more transparency from the State Bar, as members should not be forced to contribute to political agendas that don’t align with their beliefs.”
Read the opinion here.