10th Circuit Dismisses Utah Bar Membership Lawsuit on Procedural Grounds
The 10th Circuit dismissed a 2021 lawsuit due to procedural issues over Utah Bar membership and dues use.
Why it matters: This ruling clarifies the procedural enforcement of mandatory bar membership, impacting how general counsel and legal operations manage compliance and dissent regarding bar dues and political spending.
- On August 31, 2026, the 10th Circuit affirmed dismissal of Amy Pomeroy’s 2021 civil rights challenge against Utah Bar membership due to her failure to follow court briefing procedures.
- The court cited the 1961 Supreme Court precedent Lathrop v. Donohue, upholding compulsory state bar membership as constitutional.
- Pomeroy argued mandatory dues funding of political activities violated her First and 14th Amendment rights, but the dismissal was procedural, not substantive.
- The ruling confirmed that bar members can object to nonregulatory political spending and seek dues refunds through existing Utah Bar objection procedures.
On August 31, 2026, the 10th Circuit Court of Appeals dismissed Amy Pomeroy’s lawsuit challenging mandatory membership in the Utah State Bar and the use of member dues for political lobbying, citing procedural deficiencies in her appeal. Pomeroy had filed the suit in 2021, claiming that compulsory membership and funding of political activities infringed her constitutional rights under the First and 14th Amendments. The court’s opinion referenced the Supreme Court’s 1961 decision in Lathrop v. Donohue, which upheld mandatory bar membership as constitutional.
The dismissal was based on Pomeroy’s failure to comply with the court’s briefing and procedural requirements. Judge Joel Carson emphasized that while the plaintiff identified political activities funded by the bar's dues that she deemed unrelated to core regulatory functions, she did not properly follow established appellate procedures.
The ruling highlighted that members of the Utah State Bar—composed of about 12,000 legal professionals—retain the right to object to political or ideological expenditures unrelated to the bar’s regulatory role. Established procedures within the Utah Bar allow these members to seek refunds for such non-core expenditures.
This decision reinforces established constitutional principles supporting unified state bars and confirms that procedural rules play a critical role in how constitutional challenges are adjudicated. For in-house counsel and legal operations teams, the case underscores the necessity of understanding these procedures when navigating disputes over bar membership and dues allocation.
Additional coverage from The National Law Review underscores the importance of procedural compliance in bar litigation.
By the numbers:
- 12,000 — approximate membership of the Utah State Bar
- August 31, 2026 — date of the 10th Circuit ruling
- 1961 — year of Supreme Court precedent Lathrop v. Donohue upholding compulsory bar membership
Yes, but: The dismissal did not address the substantive First and 14th Amendment claims, so constitutional questions about political spending by bars remain unresolved.
What's next: Further challenges to mandatory bar membership may arise, but procedural compliance will likely be critical in future litigation outcomes.