Both mandatory unions and mandatory professional organizations are antithetical to Constitutional Free Speech *UPDATED*

California Bar Seal

The State Bar of California, which I have to pay into in order to practice law in the State of California, long-ago abandoned its core responsibility of ensuring that people who hold themselves out as lawyers to California citizens are at least minimally qualified.  As with all these mandatory organizations, it’s turned into a political advocacy group and, again in sync with all these mandatory organizations, it advocates Left. That is, it forces me to pay money if I want to have a livelihood in my chosen profession, and spends that money on heavily politicized issues such as abortion.  (It hews so far Left that, even when I was a Democrat, I was offended by many of the political stands it took with my money.)

The State Bar isn’t the only professional organization that leans Left.  The American Bar Association is heavily political too in a Leftist kind of way. The difference between the ABA and the State Bar, though, is that the form is a voluntary organization. I was therefore able to cancel my membership when I realized that my money was being used to support political causes that were unrelated to law and with which I disagreed.  Sadly, I can’t opt out of the State Bar — not if I want to be a practicing lawyer, that is.

Looked at this way, I have the same lack of rights as union members who don’t live in in right-to-work states. Here’s the deal: if unions and bar associations limited themselves to their original function, which was to ensure that union workers have good conditions or that lawyers have reasonable qualifications, union dues and mandated bar memberships would be less of an issue. Unions and Bar associations, however, have drifted far afield from these core responsibilities.  They’ve branched out since the 1970s or so to become political action groups taking far Left stands on just about everything.

When states mandate that workers must join unions or that professionals must join professional associations, the state is effectively coercing citizens into funding speech with which they may disagree. Looked at this way, mandatory participation in activist unions and professional associations is a profound perversion of the First Amendment right to free speech. Free speech doesn’t just include the right to speak freely, it also includes the right to refrain from participating in speech with which one doesn’t agree.

All of this popped into my mind when I received an email from the president of the State Bar of California (emphasis mine):

Begging

By now, you should have already received your State Bar of California fee statement. Statements were sent out on Nov. 30, and many of you may be taking steps now to send your payments before the Feb. 1, 2013 deadline. If you have not yet received your statement, it may be helpful to know that you can sign in to My State Bar Profile to calculate and pay your 2013 fees.

As the president of the State Bar, I would like to take this moment to enlist your help with an important opportunity that you have through your annual dues.

As attorneys, other people’s problems challenge us to do our very best. We straighten out transactions gone awry. We resolve property and commercial disputes. We counsel our clients through criminal proceedings and personal difficulties and help with innumerable other problems that ordinary people have every day.

But there is a new challenge. Sadly, our economy has experienced an almost unprecedented downturn with interest rates at historic lows. It is the Interest on Lawyers’ Trust Account (IOLTA)* revenue that pays for civil legal assistance for indigent people statewide; and it is barely a quarter of what it was in 2008. There is no cushion left as we struggle to close the justice gap – the gap between the legal needs of the poor and the legal help we can provide for them. This is an unprecedented crisis for those we are charged with protecting.

But there is a powerful step each of us can take in seeking a solution to the justice gap. Your tax-deductible donation to the Justice Gap Fund (a component of the statewide Campaign for Justice) will expand access to justice for the millions of Californians with nowhere else to turn. The Justice Gap Fund is the only statewide vehicle to restore critical funding to nearly 100 legal nonprofits that serve our biggest cities as well as the most isolated rural communities.

A gift made at line 10 of your annual dues statement, or online anytime at www.CAforJustice.org, will make a real difference.

Please join me in the Campaign for Justice. Make a life-changing gift to the Justice Gap Fund – it will make a real difference to those who most need our help.

I have to say that my heart strings remain un-tugged.  The Leftist policies of coercive organizations such as the California Bar Association helped lead to a long, deep economic collapse and painfully drawn-out recession.  The Bar, with its speech amplified by coerced dues, managed to out-shout someone like me, who would have had more money if the Bar hadn’t taken it away.  If I could have been left to my own political speech, I might then have been more amenable to contributing to a fund that helps poor people entangled in the political system.  Because the fund is owned and managed by the same group of people who contributed to this mess, however, I’ll hang onto my money until I find more worthy charities.

UPDATE:  You have to check out Michael Ramirez’s perfect editorial cartoon, because it distills to a single picture the whole free speech (or non-free speech) argument I made above.

Just as Obama vows to ignore federal law, the California State Bar vows to ignore state law

In ordinary times, criminals disregard the law.  In the PC Obama era, however, elected officials and state government agencies don’t have much use for the law either.  Take Obama, for example.  Contrary to the original headlines regarding Obama’s newly discovered immigration rights, Obama’s recent announcement regarding illegal immigration isn’t an executive order.  Instead, it’s simply an abandonment of his executive responsibilities, insofar as he has now publicly announced that he refuses to enforce the laws that the legislative branch has passed.  He’s still King Obama, taking the law in his own hands but, instead of making the law, he’s breaking the law.

It turns out that, in Obama’s America, the federal executive branch is not the only government agency that has no use for explicit laws.  In California, the State Bar is vigorously arguing that it doesn’t need no stinkin’ laws either.  Let’s begin this discussion with the law itself.

Under California law (Calif. Bus. & Prof. Code sec. 6068), a licensed attorney is obligated to support both federal and state laws:

It is the duty of an attorney do to all of the following:

(a) To support the Constitution and laws of the United States and of this state.

Attorneys cannot plead ignorance of this requirement, as they must expressly state this obligation as part of the oath of office they take as a prerequisite to becoming fully licensed (Calif. Bus. & Prof. Code sec. 6067):

I solemnly swear that I will support the Constitution of the United States and the Constitution of the State of California, and that I will faithfully discharge the duties of an attorney and counselor at law to the best of my knowledge and ability.

Put simply, California requires that, to practice as an attorney, the licensee must orally and explicitly promise that he or she will to support, not break, either state or federal law.

With this in mind, how in the world can the State Bar of California argue that an illegal immigrant should become a licensed attorney?  Shouldn’t both the Bar’s and the newly licensed attorney’s first obligation be to turn the attorney in for violating explicit federal immigration laws?

An illegal immigrant who passes the bar exam and demonstrates good moral character should be eligible to practice law, the State Bar has declared in a court filing.

The bar, which oversees California’s 225,000 lawyers, told the state Supreme Court on Monday that federal law leaves regulation of the legal profession largely up to the states and does not appear to prohibit Sergio C. Garcia, 35, of Chico from obtaining an attorney’s license.

[snip]

The court cited two federal laws as potential obstacles. One prohibits illegal immigrants from receiving any “state or local public benefit,” including a professional license provided by a “state agency.” The other prohibits employers from knowingly hiring illegal immigrants.

In Monday’s filing, the bar said the first law doesn’t apply because the court is a branch of state government, not a “state agency.” In 1995, the bar noted, the U.S. Supreme Court ruled that federal courts aren’t government agencies.

[snip]

“There is no reason to believe he cannot take the oath and faithfully uphold his duties as an attorney,” the bar said. It said the policy considerations are similar to those the California court addressed in 1972, when it declared unconstitutional a state law requiring attorneys to be U.S. citizens.

It’s pure sophistry to say that the federal laws don’t apply just because the California court system is a self-regulated branch of state government.  This argument ignores entirely the fact that California’s own law, which does indeed govern, imposes upon attorneys the obligation to support the Constitution.  The Constitution, in turn, is the umbrella for federal legislation.  The same sophistry holds true when it comes to comparing legal immigrants, who have not violated any laws on their way into the country, with illegal immigrants, whose very presence is an offense to law.

What’s going on here is open-and-above-board, so it’s we’re not concerned here with ordinary “cash corruption.”  That is, this is not a situation in which a private citizen makes a payment to a government official in return for the latter’s promise to look the other way.

What we have here is worse.  We are witnessing a profound ethical corruption that sees public institutions deliberately flouting their own laws.  This is a dangerous slippery slope.  Once the reliability of law is gone, the only thing left is despotism or anarchy, with the former being the tyranny of an individual or group and the latter being the tyranny of the mob.  When political officials expressly ignore the law, they are no better than ordinary criminals.  What’s being stolen, though, is more valuable than money or jewels.  It’s the essence of our liberty.