ABA changes description of Judicial Clerkship Program after conservative group sees ‘quotas’

homesafetytechpros — Tue, 22 Oct 2024 00:19:48 +0000

Bar Associations

ABA changes description of Judicial Clerkship Program after conservative group sees ‘quotas’

October 9, 2024, 2:00 pm CDT

The ABA headquarters in Chicago. (Photo by John O’Brien/ABA Journal)

The ABA updated the description of its Judicial Clerkship Program after a conservative group alleged that the language indicated that the association used racial “quotas” in violation of Title VI of the Civil Rights Act of 1964.

Annaliese Fleming, the ABA senior associate executive director and general counsel, said in a statement the description was changed because it was inaccurate.

“In reviewing the program materials, some language was removed that did not accurately reflect the operation of the program,” Fleming said. “The Judicial Clerkship Program has not been changed. We remain committed to the ABA’s Goal III of enhancing diversity and eliminating bias in the legal profession, legal system and the association.”

The prior description said law schools participating in the Judicial Clerkship Program must “commit to send (and underwrite the costs for) four to six law students who are from underrepresented communities of color.” The old description also said judges participating in the program would be asked to make a commitment to hire at least two minority law clerks over the next five years.

The new wording says law schools “are encouraged to select a diverse group of students using criteria aligned with the ABA’s Goal III objectives.” It also says judges from across the country participate in the program but says nothing about judges striving to hire at least two minority law clerks.

Reuters and Bloomberg Law covered the new language.

The conservative Wisconsin Institute for Law & Liberty had targeted the ABA’s description of the Judicial Clerkship Program in a civil rights complaint filed with the U.S. Department of Justice in May.

The complaint, which was also sent to the Department of Education, targeted law schools participating in the program, as well.

The complaint alleged violation of Title VI, which bans discrimination on the basis of race, color or national origin by recipients of federal funds. The complaint says the ABA is subject to Title VI because it receives federal funds, serves a public purpose, and provides educational and social services.

The complaint asked for an investigation of the ABA and any university that participated in the Judicial Clerkship Program.

The ABA had told the institute in response to an April demand letter that it “imposes no restrictions on which students can attend the program,” and that “the selection of student participants is left solely to the discretion of participating schools,” according to the Title VI complaint. The ABA response also said judges were not asked to make hiring commitments.

“The programs at issue are lawful, and we intend to defend them vigorously against any challenges,” Fleming said in a statement when the institute filed the DOJ complaint.

Skylar Croy, associate counsel at the Wisconsin Institute for Law & Liberty, did not immediately respond to an ABA Journal email with questions about the change.

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State Bar of Wisconsin’s diversity clerkship program ‘discriminates behind closed doors,’ suit says

homesafetytechpros — Thu, 28 Dec 2023 01:18:45 +0000

Bar Associations

State Bar of Wisconsin’s diversity clerkship program ‘discriminates behind closed doors,’ suit says

By Debra Cassens Weiss

December 21, 2023, 11:18 am CST

The State Bar of Wisconsin is facing a lawsuit claiming that its diversity clerkship program for law students is violating the First Amendment rights of a lawyer who pays mandatory dues. Image from Shutterstock.

The State Bar of Wisconsin is facing a lawsuit claiming that its diversity clerkship program for law students is violating the First Amendment rights of a lawyer who pays mandatory dues.

The Wisconsin Institute for Law & Liberty filed the suit Tuesday on behalf of lawyer Daniel Suhr, report Reuters, Above the Law, Law360, Courthouse News Service and a press release.

The suit describes the program as offering “a special path to coveted career opportunities at top Wisconsin employers.” Eligibility requirements and selection discriminate among students based on race, according to the suit, filed in the U.S. District Court for the Eastern District of Wisconsin.

Suhr contends that the program violates his First Amendment right to free speech under Keller v. State Bar of California. The 1990 U.S. Supreme Court decision held that compulsory state bars can use lawyer mandatory dues to fund activities to regulate the legal profession and improve the quality of legal services but not for unrelated political or ideological activities.

Suhr also says the bar is violating his First Amendment right to freedom of association by forcing him to be a member of an association engaged in unconstitutional activity.

The Wisconsin Institute for Law & Liberty filed a lawsuit Tuesday on behalf of lawyer Daniel Suhr. Photo from the Wisconsin Institute for Law & Liberty’s press release.

The suit cites the Supreme Court’s June decision striking down race-conscious college admissions programs at Harvard University and the University of North Carolina. The programs violate the 14th Amendment’s equal protection clause and Title VI of the Civil Rights Act, the Supreme Court held in the cases known as Students for Fair Admissions v. University of North Carolina and Students for Fair Admissions v. President and Fellows of Harvard College.

“Affirmative action for student internships is just as unconstitutional as affirmative action for student admissions,” Suhr’s suit says.

The State Bar of Wisconsin does allow reduced dues for attorneys who object to political or ideological activities, but the diversity program is not categorized as such an activity for the dues reduction, according to the suit.

The State Bar of Wisconsin website says the diversity fellowship is open to first-year students at Wisconsin’s two law schools who demonstrate a “commitment to diversity” and a record of academic achievement, Reuters reports.

Suhr’s suit says the bar changed the language describing the diversity program after the Students for Fair Admissions decision. But the program still discriminates, according to the suit.

“Even if the program appears technically neutral on its face, its operation, results and rhetoric make clear that it discriminates behind closed doors, which is just as illegal,” the suit says.

Larry Martin, executive director of the State Bar of Wisconsin, said in a statement provided to Reuters and Law360 the bar will “”vigorously defend” the diversity program.

“Neither race nor ethnicity is an eligibility factor or requirement for purposes of participation,” Martin said.

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ABA changes description of Judicial Clerkship Program after conservative group sees ‘quotas’