Lawyer loses challenge to mandatory membership in group
Lawyer Blogs
A federal appeals court has rejected a challenge to a policy that requires lawyers join the State Bar of Michigan. Lucille Taylor said the group’s use of her dues for advocacy activities violates her right to free speech, among other objections. But the appeals court, 3-0, said the U.S. Supreme Court has long held that mandatory membership as a condition of practicing law doesn’t violate freedom of association. The Supreme Court said in another case that bar associations can use dues without violating free speech. Taylor was chief counsel under Gov. John Engler and a top Republican lawyer in the Legislature. She argued that a 2018 decision in favor of public employees who don’t want to join a union would help her. “The speech claim would prevail if an integrated bar association used mandatory membership fees to fund non-germane political or ideological activity without providing adequate opt-out procedures,” Judge Amul Thapar said Thursday. Taylor conceded that the State Bar of Michigan’s activities don’t cross that line, Thapar said.
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Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.