09/01/2026
Parr Brown Gee & Loveless has secured a significant appellate victory for the firm's client, the Utah State Bar, with the United States Court of Appeals for the Tenth Circuit affirming judgment for the Bar in a First Amendment challenge to Utah's integrated bar. The published opinion in Pomeroy v. Utah State Bar, issued August 31, 2026, preserves the Utah Supreme Court's mandatory bar membership and licensing-fee structure and rejects an effort to challenge activities undertaken by the Utah State Bar to serve Utah’s legal profession, the judiciary, and the public.
The case was part of a coordinated, multi-state campaign challenging the existence of integrated bar associations, in an effort to alter basic principles of First Amendment law. The plaintiff, a licensed Utah attorney represented by the Goldwater Institute, argued that requiring her to join the Utah State Bar and pay annual licensing fees violated her First and Fourteenth Amendment rights, and that the Bar's procedures did not adequately protect members' licensing fees from being spent on activities unrelated to regulating the legal profession. She challenged the Bar's activities including lobbying, information published in the Utah Bar Journal, and social media posts, and asked the court to declare the Utah State Bar’s licensing requirements unconstitutional and enjoin the enforcement of the Utah Supreme Court’s rules governing the Utah State Bar. The district court reviewed the Bar’s procedures and conduct and rejected the plaintiff’s arguments, granting summary judgment to the Bar. The plaintiff appealed that decision to the Tenth Circuit.
The ruling marks another significant appellate victory for Parr Brown Gee & Loveless and underscores the firm’s strength in constitutional litigation and high-stakes appeals. Businesses, institutions, or individuals facing complex appeals or seeking experienced appellate counsel may contact Dick Baldwin, Chair of Parr Brown’s Appellate Practice Group, at [email protected] or 801-257-7967.
Read our full press release: https://parrbrown.com/parr-brown-successfully-defends-the-utah-state-bar-against-constitutional-challenge/