Two signed statements in the latest Oregon State Bar bulletin – one by the bar condemning speech that incites violence and the other by non-bar specialty groups decrying the rise of the white nationalist movement under President Trump -- have drawn fire from some lawyers aghast that the bar would allow such political statements.

The bar has received requests from six lawyers who requested refunds of their dues, and has granted one partial refund so far, said spokeswoman Kateri Walsh. The bar stands by its own statement, but the refund will respond to the second statement that wasn't approved by state bar leadership, she said.

A "Statement on White Nationalism and Normalization of Violence" denounces hate mongering, referencing the white nationalist march last August in Charlottesville, Virginia, and the May stabbing attacks on the Portland MAX train. The bar's statement calls out a "current climate of violence, extremism and exclusion" that threatens the rule of law and judicial system that serves everyone.

That statement was signed by the president and president-elect of the bar's board of governors, a board member, the bar's chief executive officer, a state bar staff member and a volunteer lawyer who leads the bar's diversity and inclusion committee.

An adjoining page has a "Joint Statement of the Oregon Specialty Bar Associations Supporting the Oregon State Bar's Statement.'' It goes further, repeatedly criticizing President Donald Trump for having "catered to this white nationalist movement, allowing it to make up the base of his support and providing it a false sense of legitimacy."

Leaders of the Oregon Asian Pacific American Bar Association, Oregon Filipino American Lawyers Association, Oregon chapter of the National Bar Association, Oregon Hispanic Bar Association, Oregon Women Lawyers, OGALLA-The LGBT Bar Association of Oregon and Oregon Minority Lawyers Association signed the supporting statement.

Document: The Oregon State Bar Bulletin's pages

West Linn lawyer Diane Gruber slammed the statements as "blatantly partisan" and in clear violation of a 1990 U.S. Supreme Court ruling in Keller v. State Bar of California, which held that attorneys required to be members of a state bar association have a First Amendment right to refrain from subsidizing the organization's political or ideological activities.

The Oregon State Bar is a government agency that regulates the legal profession in the state. It publishes a bulletin, a magazine that is mailed to members 10 times a year.

Lake Oswego lawyer Shawn Lindsay, who identified himself as a Republican but not a Trump supporter, said he felt the bar "grossly violated" the Keller ruling.

He wrote to the bar that he supports the first statement's "underlying message'' of "fair and equitable administration/equal justice for all,'' but added, "you and the other signers went far beyond that by making it biased and political.''

"You and the other signers have the right to educate and make statements, but you should do so by presenting impartial information and unbiased statements," he wrote. "You did not do so."

Several demanded that the bar print a retraction.

"I am distressed to learn that my bar dues are being used to promote a left-wing agenda," wrote Darcia Krause, another Portland lawyer.

Assistant U.S. Attorney Greg Nyhus wrote that he was disappointed to learn his dues were "used to promote a political and partisan letter – directed at hate speech but clearly intended to suppress other viewpoints."

Dues range from $465 to $552, depending on when a lawyer was admitted to the bar.

The Multnomah County Republican Party also sent the bar a letter, demanding that it "cease its partisan attacks against Trump.''

"The bar has no business taking its members' dues money to publish false claims that fringe racist groups constitute the 'base' of the president's support," wrote lawyer James Buchal, a member of the bar and chairman of the county GOP.

Other bar members supported the statements.

Portland attorney Eric E. Meyer, for example, applauded the bulletin for publishing a "strong statement against white nationalism" and said it's crucial for all attorneys as "guardians of justice" never to be "silent in the face of racism and hatred.''

At a meeting of the bar's board of governors Friday, bar chief executive officer Helen Hierschbiel noted that the board didn't formally adopt or support the statement by the specialty bar groups and said publication of the statements side-by-side was "ill-advised and confusing."

The board voted to rescind partial dues of angered members, resulting from the publication of the specialty bar statement. The board also voted to run a clarification in its next issue, affirming the state bar's statement, but explaining that the other statement was independent.

The bar also is re-examining the "editorial function'' of the bar's bulletin, she said.

-- Maxine Bernstein

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