In recent news, the Utah State Bar (USB) emerged victoriously from a court case where it faced allegations of using mandatory member fees to fund political activities unrelated to the legal profession. The lawsuit was initiated by an aggrieved member of the Bar.
The legal action was spearheaded by Amy Pomeroy, who argued that the Bar’s use of the compulsory member fees for financing activities such as lobbying and the publication of journals was an infringement on her rights. However, United States District Judge, Tena Campbell, granted the USB’s
motion for summary judgment thereby defeating the claim.
Judge Campbell’s ruling was premised on the notion that the activities contested by Pomeroy, particularly the publication of the USB Journal articles and the Bar’s lobbying activities, were fairly relevant to the USB’s mandated function of advancing the interests of the legal profession. Furthermore, it was decided that these activities were not unrelated enough to give rise to a constitutional breach.
Additionally, Campbell took note of the refund protocols implemented by the USB, specifically for attorneys who were opposed to certain activities funded by their fees. These protocols were deemed to be adequately satisfying.
Review the court’s decision in full here. For additional context and details on the case, visit Bloomberg Law.