Voluntary – Mandatory – Integrated What Does the Terminology Mean? Voluntary Bar Associations Members can choose to join and there are no regulatory functions; focus is on professional association services. Mandatory Bar Associations Members are required to join the bar, however, the bar may or may not be performing regulatory functions. For example, WI and NH are mandatory, but do not perform any regulatory functions. For example, WV, NC, and VA are mandatory and only perform regulatory functions.   Integrated/Unified Bar Associations Members are required to join the bar, the bar performs regulatory functions as well as provides professional association services. Among integrated bars, there are varying levels of how many regulatory functions are performed. For example, WA, AK and OR perform all regulatory functions on behalf of the Supreme Court.  In MT, however, discipline reports directly to the Supreme Court but the MT bar performs several other regulatory functions on behalf of the Court.

Short History of the Disorganized, Organized, and Mandatory Bar

ROOTS Sample dates 1861 Boston Bar Association (Wikipedia) 1870 Bar Association of the City of New York 1872 Cincinnati Bar Association 1873 New Hampshire Bar Association* 1873 Cleveland Bar Association 1874 Iowa Bar Association 1874 Chicago Bar Association 1874 St. Louis Bar Association 1874 Washington D.C. Bar Association 1876 Boston Bar Association 1877 Illinois Bar Association 1878 Alabama Bar Association 1878 Vermont Bar Association 1878 Wisconsin Bar Association 1878 American Bar Association 1890s 32 state bar associations 1910 Detroit Bar promotes legal aid 1911 Massachusetts Bar Association 1914 American Judicature Society calls for mandatory state bar associations higher bar admission standards, an end to judicial corruption, and a more efficient system of lega lprocedures.2

By 1920, bar associations were widespread and had complex identities, often functioning as combination guild, professional association, lobbying organization, non-profit foundation, and enforcer of professional standards

U.S. State Bar Associations HI AK FL MI ME NY PA VA WV OH IN IL WI NC TN MO GA SC KY AL LA MS IA MN OK TX NM KS NE SD ND WY MT CO ID UT AZ NV OR WA CA VT NH MA NJ DE DC CT RI WA 1933 ID 1923 MT 1074 OR 1935 ND 1921 WI 1956 MI 1935 WY 1939 SD 1931 CA 1927 NV 1928 NH 1972 UT 1931 NE 1937 WV 1947 MO 1946 VA 1938 RI 1973 KY 1934 AZ 1933 NC 1933 NM 1925 OK 1939 TX 1939 SC 1968 AL 1923 GA 1963 MS 1932 DC 1970 LA 1941 AK 1955 FL 1950 HI 1989 Mandatory by Statute Mandatory by Supreme Court Mandatory and Voluntary

Lathrop v. Donohue 367 U.S. 820 (1961) Holding: Mandatory membership in a unified bar is constitutional but certain political and legislative expenses might violate members’ free speech rights. 5-4. Brennan authored, which hinted that there might be some constitutional violations going on in the Wisconsin state bar, but the Court couldn’t tell from the record. Justice Douglas was unhappy, as only Justice Douglas could be unhappy.

Keller v. State Bar of California 496 U.S. 1 (1990) “The compelled association and integrated bar are justified by the State's interest in regulating the legal profession and improving the quality of legal services. The State Bar may…constitutionally fund activities germane to those goals out of the mandatory dues of all members. It may not, however, in such manner fund activities of an ideological nature which fall outside of those areas of activity.”

Mandatory Bars Vary in the Extent of Lobbying Outside the Judicial Branch None Very Little Some Out There North Carolina Virginia West Virginia Alabama California Kentucky Mississippi Alaska Arizona Florida Georgia Hawaii Louisiana Michigan Missouri Montana Nevada New Hampshire New Mexico North Dakota Oklahoma Oregon Rhode Island South Carolina South Dakota Texas Utah Washington Wyoming Nebraska Wisconsin So, where are we? As Prof. Sedler said, repeatedly, it is settled law that a mandatory bar can speak on behalf of its members under certain conditions. But that’s about all that’s settled in the big picture.

HI AK FL MI ME NY PA VA WV OH IN IL WI NC TN MO GA SC KY AL LA MS IA MN OK TX NM KS NE SD ND WY MT CO ID UT AZ NV OR WA CA VT NH MA NJ DE DC CT RI