Forced ND Bar Membership Illegal Under Janus, 8th Circ. Told

Law360 (April 22, 2019, 5:59 PM EDT) -- A North Dakota attorney has told the Eighth Circuit that the state’s bar association failed to prove that its mandatory membership policy and dues collection structure are constitutional, arguing the current setup runs afoul of the First Amendment.

In a reply brief on Thursday, Arnold Fleck said the State Bar Association of North Dakota has fallen short of a standard spelled out in Janus v. AFSCME, a U.S. Supreme Court decision last year that struck down mandatory "agency fees" charged by unions, saying they violate the First Amendment.

To force all attorneys in the state to join and pay dues, the bar association...

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