Mandatory bar dues are under attack in at least three court challenges that rely on the recent U.S. Supreme Court decision striking down the requirement that nonunion public sector employees pay their “fair share” costs for collective bargaining.
The Supreme Court’s ruling in Janus v. AFSCME revived one challenge and inspired others that confront whether state bar groups can require lawyers to pay annual fees. The justices in December remanded the case Fleck v. Wetch to the U.S. Court of Appeals for the Eighth Circuit, a challenge to the mandatory fees that attorneys pay to the state bar of North Dakota.
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