Oregon’s attorneys have had enough! After years of submitting to and ignoring violations of their civil rights, two groups of attorneys are suing the Oregon State Bar (OSB) in two different lawsuits:
Filed in August, Gruber & Runnels v. Oregon State Bar* is based upon the June US Supreme Court ruling in Janus v. American Federation of State, County & Municipal Employees. The Court’s opinion holds that it violates the First Amendment rights of non-union workers when the state compels them to pay union fees against their will.
The Oregon State Bar was created by statute. Thus, the State of Oregon is violating, at the very least, attorneys’ Freedom of Assembly (ie Association).
In Crowe, Peterson & ORCLA v. Oregon State Bar* & its officials, filed last week, two attorneys & the Oregon Civil Liberties Attorneys are suing based upon Keller v. State Bar of California.
In 1990 the US Supreme Court ruled prohibiting the OSB and all other compulsory Bar organizations from doing just what the OSB has been doing for decades. That is, the OSB cannot FORCE attorneys to join & pay dues AND participate in political activities.
OSB HAS LONG VIOLATED CIVIL RIGHTS OF ATTORNEYS
The Oregon State Bar is owned by the Far Left, even though the majority of Oregon’s attorneys lean right in their political & social ideology. The Left gained their power through stealth and intimidation over the last 30 years. The OSB’s illegal political activities were more or less subtle until the Era of Trump. Oregon’s attorneys could see through the “OSB isn’t political” claims, but most of the public could not.
Bar “leaders” have increasingly controlled thoughts, speech and actions of Oregon’s attorneys. By 2001 Liberals had a vice grip in the law licenses of each and every attorney in Oregon. Behind closed doors, using a rigged, wired “survey” as their excuse, they implemented MANDATORY Liberalism Training. Any attorney who refused to periodically attend was suspended from the practice of law and eventually disbarred.
THINKING THEY HAD COMPLETELY COWED OREGON’S ATTORNEYS . . . .
When Donald J. Trump won the presidential election the Bar leadership and their sycophant attorneys went mad, stark-raving mad. In their hatred for Trump voters and especially for attorneys who support Trump, the Bar dropped any pretense that they were non-political. The OSB has openly violated federal law virtually every day since the election.
The Bar leadership put in place a four-year plan to assist the Resistance in destroying the Trump Presidency. To that end, the Bar intimidated Trump supporters within the Bar membership. Of course, much of their plot to undermine democracy is done behind closed doors. But this writer has noticed the increase in Liberal indoctrination & threats since the election. Following are just a few examples:
January 2017: The OSB’s monthly magazine, The Bulletin, ran an article advocating for a Congressional investigation or a special prosecutor to monitor President-Elect Trump’s business holdings. According to this article, the voters are not entitled to put a successful businessman in the White House. Note: they couldn’t even wait until Trump was sworn into office before spewing rhetoric to undermine him.
The article’s writer was talking about the emoluments clause of the US Constitution that Rep. Maxine Waters (D-CA) has been periodically screeching about for two years. Side note: The Liberal messiah, Barack H. Obama, had shady business dealings with shady Chicago thugs. Just one example: Bill Ayers, Chicago Liberal Guru, Leftist terrorist & police station bomber (in the 1970s) was one of them and a mentor for Obama. The OSB showed no interest in publishing a “scholarly” article against the president then.
February 14, 2017: Between Trump’s election & inauguration the OSB arranged two “firsts”. They scheduled the first ever “legal seminar” opened to and advertised to the public. This same seminar was free to Oregon’s attorneys for the first time ever.** The seminar was held after the new president issued a temporary travel ban on seven terrorism-producing nations. This seven-country list had been created by the Obama Administration. But never mind. The Left saw this as their first chance to “resist” Trump.
Pretending to be a “legal seminar,” “Executive Order 9066: A Specter of the Past in Today’s War on Terrorism?” was designed to present a distorted view of presidential authority as regards to immigration, and to convince us that totalitarian rule was just around the corner during the Era of Trump.
The Immigration & Nationality Act of 1952 gives any and all presidents executive authority to prohibit any group of foreign nationals, for any reason, for any length of time, from entering the U.S. Thus, Obama could have blocked entry into the United States for all red-headed, one-armed Irish men over age 70.
March 2017: With the help of the Bar’s General Counsel, a group of attorneys from a “specialty Bar” (see below) conspired to “file a police report” against a fellow attorney because of an article in the Oregonian,the state’s largest newspaper. This article exposed the hatred for others’ First Amendment rights within the OSB.
December 2017: The OSB started a five-month investigation against a Conservative blog writer who is also a practicing attorney.***
February 23, 2018: The Oregon State Bar issued to all attorneys an email diatribe against President Trump and his supporters. Specifically, they intimidated Oregon’s attorney against vocalizing their support of Trump. This threat was titled: “Statement on White Nationalism and Normalization of Violence.”
April 2018: The OSB monthly magazine, The Bulletin, published this full-page “Statement on White Nationalism and Normalization of Violence” signed by one elected and five un-elected bureaucrats at the OSB. Next to it, they published a full-page companion piece by politically correct racists within the Bar. Their statement was entitled “Joint Statement of the Oregon Specialty Bar Associations Supporting the OSB’s Statement on White Nationalism and Normalization of Violence.”
For non-attorneys, allow me to explain what a “specialty bar” is. It is any group of attorneys who consider themselves victims of American society. These “victims” ban together to wallow in their victimhood and to figure out ways to punish the “victimizers” and game the system in their favor.
These groups are not elected by the membership. They only have status within the Oregon State Bar because the Bar leadership buys into, promotes and funds the victimhood mentality ideology. The funds used for most of the OSB’s political activities come from annual bar dues & seminar fees** paid by attorneys as a condition of maintaining their law licenses. By comparison, a group of Christian attorneys or Conservative attorneys or Pro-Life attorneys would never be allowed to place a full page (or any sized) statement in the Bar’s monthly magazine.
May 2018: Two OSB attorneys filed separate complaints against another attorney. These complaints were based upon “conservative” articles written by this attorney and published on “conservatiave” blogs. These complaints were not based violations of legal ethics. The OSB opened two six-months long investigations against the Conservative attorney.***
May 15, 2018: The Bar kicked about 20 attorneys out of their Headquarters in Tigard. These attorneys had scheduled to use a room to discuss the Bar’s political activities. When the powers-that-be discovered this group contained some Conservatives, they changed the rules. The group could use the room so long as a HQ employee sat in to RECORD AND MONITOR what was said. Several Bar members were SO intimidated by this that the meeting was moved to a nearby law office.****
A new day is dawning for Oregon’s 15,000+ attorneys, because some have found the backbone to fight back.
Diane L. Gruber
Oregon State Bar Member
*Diane L. Gruber & Mark Runnels v. Oregon State Bar, US District Court (Portland) Case No. 3:18-cv-01519-JR. Plaintiffs’ attorney is Michael L. Spencer of Klamath Falls, OSB No. 830907. [Brilliant Michael came up with this idea and recruited yours truly to be a plaintiff.]
Daniel Z. Crowe, Lawrence K. Peterson & Oregon Civil Liberties Attorneys v. Oregon State Bar, Oregon State Bar Board of Governors, Vanessa Nordyke, Christine Constantino, Helen Hierschbiel, Keith Palevsky & Amber Hollister, US District Court (Portland) Case No.3:18-cv-02139. Plaintiffs’ attorney, Luke D. Miller of Salem, OSB No 175051.
**In addition to the Liberalism Training classes, Oregon’s attorneys must attend 45 hours of LEGAL education every three years in order to maintain the right to practice law. The Bar mandated legal seminars for all attorneys in 1988, and charges $75 per hour to attend.
***This writer was the targeted Conservative in these three anti-First Amendment complaints. They resulted in no action against me other than a letter of admonition for violation of a technical error committed routinely by other attorneys. However, the OSB could have and should dismissed the complaints as soon as they realized that the complainers did not like my articles, and they were not complaining about a case I mishandled. The ethics & disciplinary rules require attorneys to handle their cases and clients in certain ways. However, for some years, the Bar has selectively used the disciplinary process to punish attorneys who are not Liberals. The punishment is in the process. The longer the Bar drags it out, the more stress for the targeted attorney and the higher his/her attorney fees. I needed to hire an experienced Disciplinary attorney to handle one of the cases.
****This writer has been a member of the Oregon State Bar since 1986. Beginning in the late 1990s, attorneys started fearing for their law licenses if the Bar knew they had voiced Conservatives ideas. When chatting about something among themselves, Conservatives whisper and/or look around to see if a Liberal is listening. THIS is the level of fear among Oregon’s attorneys. They feared for their licenses to practice law. THIS attorney felt such fear for 20+ years, UNTIL 1/26/17.