Lawyer loses challenge to mandatory membership in group

Legal Events

A federal appeals court has rejected a challenge to a policy that requires lawyers join the State Bar of Michigan. Lucille Taylor said the group’s use of her dues for advocacy activities violates her right to free speech, among other objections. But the appeals court, 3-0, said the U.S. Supreme Court has long held that mandatory membership as a condition of practicing law doesn’t violate freedom of association. The Supreme Court said in another case that bar associations can use dues without violating free speech. Taylor was chief counsel under Gov. John Engler and a top Republican lawyer in the Legislature. She argued that a 2018 decision in favor of public employees who don’t want to join a union would help her. “The speech claim would prevail if an integrated bar association used mandatory membership fees to fund non-germane political or ideological activity without providing adequate opt-out procedures,” Judge Amul Thapar said Thursday. Taylor conceded that the State Bar of Michigan’s activities don’t cross that line, Thapar said.









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Effective September 1, 2017, Texas will become the 47th state to pass a statewide ban on texting while driving. Governor Abbott’s signing of House Bill 62 is an effort to unify Texas under a uniform ban and remedy the “patchwork quilt of regulations that dictate driving practices in Texas.”

The bill specifically prohibits drivers from reading, writing, or sending an electronic message on a device unless the vehicle is stopped. That includes texting and emailing. It does not, however, prohibit dialing a number to call someone, talking on the phone using a hands-free device, or using the phone’s GPS system.

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