No. 21-929

Marie Henry v. The Florida Bar, et al.

Lower Court: Florida
Docketed: 2021-12-23
Status: Denied
Type: Paid
Response Waived
Tags: bar-membership civil-rights constitutional-rights court-access due-process first-amendment free-speech integrated-bar judicial-ethics keller-v-state-bar-of-california standing
Key Terms:
DueProcess FirstAmendment JusticiabilityDoctri
Latest Conference: 2022-01-21
Question Presented (AI Summary)

Whether the Florida Bar's compulsory membership and dues violate the First Amendment right to refrain from subsidizing the organization's political or ideological activities

Question Presented (OCR Extract)

QUESTIONS PRESENTED... . oS The Florida Bar (“the Bar”), an integrated Bar ~ association, is the statewide regulatory organization for all lawyers licensed to practice law in Florida. ce : Thirty-three states, U.S. territories, the ; Commonwealth of Puerto Rico and the District of . Columbia, vest in an integrated bar, the State’s police , : power to regulate its members’ occupational license. : An integrated Bar, has two things in common (i) : _compulsory membership; and (ii) dues as a condition ; of practicing law in the State. The Bar’s activities fall : within the First Amendment right of its members to ; refrain from subsidizing the organization’s political or ideological activities. Such is the basis of this Court’s opinion in Keller v. State Bar of California, 496 U.S. 1 (1990). The Questions Presented are: 1. Whether this Court’s First Amendment speech and petitioning precedents on the fundamental constitutional right to access the court as : . expressed in Bounds v. Smith, 430 U.S. 817 (1977) and progeny guarantee Petitioner a remedy and rejection of the Fifth District Court of Appeal Per Curiam Affirmed (“PCA”) Order, adopting the trial court’s Opinion that a plaintiff lack standing to sue the Florida Bar. 2. Whether a trial or appellate judge, with an . economic interest, in a membership in good ; standing in the Respondent bar association, ‘ ii : and over whom the Respondent exercise -. : " . continuing discipline for acts on the bench, : ; after leaving the bench, violate a plaintiff ‘s : Due Process right, guaranteed by the Fifth : . , and Fourteenth Amendments, when presiding ; ; in an adversarial lawsuit against the Bar. : _ 3. Whether the Fifth District Court of Appeal is ; correct that the Bar is absolutely immune . from suit. : iii : .

Docket Entries

2022-01-24
Petition DENIED.
2022-01-05
DISTRIBUTED for Conference of 1/21/2022.
2021-12-30
Waiver of right of respondents The Florida Bar, et al. to respond filed.
2021-12-17
Petition for a writ of certiorari filed. (Response due January 24, 2022)
2021-11-23
Application (21A72) granted by Justice Thomas extending the time to file until December 17, 2021.
2021-11-15
Application (21A72) to extend further the time from November 17, 2021 to December 17, 2021, submitted to Justice Thomas.
2021-10-15
Application (21A72) granted by Justice Thomas extending the time to file until November 17, 2021.
2021-10-09
Application (21A72) to extend the time to file a petition for a writ of certiorari from October 18, 2021 to December 17, 2021, submitted to Justice Thomas.

Attorneys

Marie Henry
Marie Henry — Petitioner
Marie Henry — Petitioner
The Florida Bar, et al.
M. Hope KeatingGreenberg Traurig, P.A, Respondent
M. Hope KeatingGreenberg Traurig, P.A, Respondent