Marquette Law Review Volume 73 Article 6 Issue 1 Fall 1989 A Reassessment of Mandatory State Bar Membership in Light of Levine v. Heffernan Peter A. Martin Follow this and additional works at: http://scholarship.law.marquette.edu/mulr Part of the Law Commons Repository Citation Peter A. Martin, A Reassessment of Mandatory State Bar Membership in Light of Levine v. Heffernan, 73 Marq. L. Rev. 144 (1989). Available at: http://scholarship.law.marquette.edu/mulr/vol73/iss1/6 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact
[email protected]. A REASSESSMENT OF MANDATORY STATE BAR MEMBERSHIP IN LIGHT OF LEVINE V. HEFFERNAN I. INTRODUCTION Legal and political divisiveness has been the hallmark of the integrated bar' since its initial appearance over a half-century ago.2 Integrated bar states3 have frequently encountered opposing viewpoints from lawyers who have objected to the constitutionality of compulsory membership in an as- sociation. In no place has this debate been more vigorous than in Wiscon- sin. In fact, shortly after Wisconsin established its own integrated bar,4 furor by attorneys over compelled financial support of the bar resulted in a lawsuit which challenged its constitutional validity. In Lathrop v. Dono- hue,5 the United States Supreme Court held in a plurality opinion,6 that 1. The phrase "integrated bar" has been used synonymously with terms such as "unified bar," "mandatory bar," or simply "state bar." Two characteristics are germane to every inte- grated bar association: First, dues-paying membership is a precondition to practicing law in a state that has such a bar; and second, the bar is created by court rule or by legislation.