Supreme Court sends bar fees case back for further look

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The U.S. Supreme Court is telling a lower court to take another look at a case challenging mandatory fees lawyers pay to a state bar association.

The case the justices sent back for further consideration Monday involves North Dakota attorney Arnold Fleck, who sued after learning that bar fees were being used to oppose a ballot measure he supported. Fleck said he should have to affirmatively consent to paying for the bar association’s political activities instead of being able to opt out.

North Dakota’s fees range from $325 to $380. Lawyers who don’t want to support the bar’s political activities can deduct about $10.

The justices said the 8th Circuit Court of Appeals should reconsider the case in light of a recent Supreme Court ruling about fees paid to unions, Janus v. AFSCME, No. 16-1466, 585 U.S. ___ (2018).

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