A New Orleans attorney’s civil lawsuit challenging the state requirement that all attorneys pay annual bar association dues to practice their profession entered the trial stage this week in federal district court.
Attorney Randy Boudreaux’s lawsuit, which is now before the Eastern District of Louisiana, argues that his being compelled to join the Louisiana State Bar Association (LSBA) – and to pay annual dues to the bar – violates his First Amendment rights. The lawsuit also alleges that the bar association advocates for and against state legislation on issues not relevant to the legal profession, such as midwifery licensing and school bullying.
“For years, the Louisiana State Bar Association has taken positions on legislation that had nothing to do with law, the regulation of the legal profession or improving the quality of legal services,” Pelican Institute General Counsel Sarah Harbison, one of Boudreaux’s attorneys, told the Louisiana Record.
Since about 2007, the LSBA has advocated for or against 500 bills filed by state lawmakers, according to Harbison.
“Randy’s case is important because a ruling in his favor could vindicate the First Amendment rights of attorneys in the 30 states that compel attorneys to join and pay dues to a bar association as a condition of practicing law,” she said in a post on the Pelican Institute’s website.
Tuesday’s trial before federal Judge Lance Africk is thought to be the first such mandatory bar dues case to reach the trial stage, according to Harbison.
“I think that the judge was curious about Randy's argument and his position,” she said. “I think he asked some really great questions during Randy’s examination, and I can tell he really wanted to get a grip on the issues.”
The LSBA maintains its advocacy positions are germane to the practice of law.
Boudreaux’s lawsuit comes in the wake of a 2018 U.S. Supreme Court decision, Janus v. AFSCME, which concluded the First Amendment bars governments from forcing public employees to pay union fees, which can be spent on political speech, as a condition of employment. Similar arguments have been made in litigation against mandatory bar association dues.
A decision in Boudreaux’s case is expected in early August.