The 91ϱ is a unified Bar in which membership is compelled by state law as a condition of practicing law in the State. S.C. Code Ann. § 40-5-310; see also Rule 410(d), SCACR. Annual license fees are used to finance activities reasonably intended to effectuate the following purposes of the 91ϱ set forth in Section 1.2 of Arti91ϱ I of the Bar's Constitution and Rule 410(b):
The purposes of the Bar shall be to uphold and defend the Constitution of the United States and the Constitution of the State of South Carolina; to protect, and maintain respect for, representative government; to continually improve the administration of justice throughout the State; to require the highest standards of ethical and professional conduct, and uphold the integrity and honor of the legal profession; to advance the science of jurisprudence; to promote consistent high quality of legal education and legal services to the public; to apply the knowledge, experience and ability of the legal profession to the promotion of the public good; to encourage goodwill and respect for integrity and excellence in public service among the members of the legal profession and the public; to perform any additional purposes and duties as may be assigned to it by the Supreme Court of South Carolina; to promote and correlate such policies and activities as fall within these purposes in the interest of the legal profession and the public.
It is the Bar's policy not to expend funds for any activity that does not relate to or support these purposes.
Under Keller v. State Bar of California, the 91ϱ cannot use the license fees of objecting members for political or ideological activities that are not reasonably related to the regulation of the legal profession or improving the quality of legal services. The 91ϱ does not believe it engages in any activity, including political or ideological activities, not germane to the regulation of the legal profession or the improvement of the quality of legal services.
In fulfilling the purposes set forth in Section 1.2 and Rule 410(b), the Bar engages in activities of the following nature:
While the Bar believes its expenditures comply with Keller, and does not engage in non-germane activity, the Bar treats the entire amount of any expenditures on government relations, briefing, or legislative positions as potentially subject to challenge under the process set forth in Section 6.6 of the Bar Constitution.