Kentucky attorneys deserve the freedom of association like everyone else | Opinion

The First Amendment to the U.S. Constitution guarantees the right to freedom of association. This right means the government cannot force someone to associate with another against that individual’s wishes or beliefs. In Janus v. AFSCME, the U.S. Supreme Court held that the freedom of association applies in the employment context. Specifically, the Supreme Court ruled that government entities could not force government employees to pay union fees as a condition of employment.

In Kentucky, the General Assembly has taken that principle a step further. Since legislators passed HB 1 in 2017, private employers may not require employees to pay union fees as a condition of employment. These types of laws are commonly known as “Right to Work.” By enacting Right to Work in Kentucky, the General Assembly affirmed its stance that employees should be free to associate with a union or not. Between the Janus decision and Right to Work, the freedom of association for most professions is secure in the Commonwealth. This is a huge win for occupational freedom. However, there is still at least one major profession that does not currently completely benefit from the freedom of association — the legal profession.

Currently, those who wish to practice law in Kentucky state courts must join the Kentucky Bar Association. Attorneys who have been practicing for less than five years must pay $220 per year, while those who have been practicing for more than five years must pay $310 per year. A portion of those dues cover the Bar Association’s duties to oversee discipline of attorneys and to administer admission of new attorneys — expenses associated with the regulation of the practice of law.

However, the Bar also spends money on things outside the regulation of the practice of law — member benefits, magazines, and even legislative advocacy. None of these expenses are inherently wrong, but should attorneys be forced to fund these extras? I think not, and members of the General Assembly agree.

To restore the freedom of association to attorneys in Kentucky, Representative Steve Doan introduced HB 526, AN ACT relating to members of the bar. HB 526 removes the requirement that Kentucky attorneys join the Kentucky Bar Association and prohibits any mandatory fees beyond those needed to cover the costs of admission to practice law and attorney discipline. The bill does not eliminate the Kentucky Bar Association; rather, it makes membership in the organization optional, giving attorneys the freedom to determine if they want to associate with the Bar Association or not.

If the Kentucky Bar Association wants to remain the main organization for Kentucky attorneys, it will need to prove the value of its membership fees — just like any other organization. I am a member of the Federalist Society because I support its mission. So, I willingly pay dues every year to renew that membership. And I would be open to continuing my membership with the Kentucky Bar Association if the General Assembly passes HB 526. However, it is the choice that matters. Every Kentucky attorney deserves the right to decide which organizations they want to join and those they wish not to associate with.

HB 526 simply realigns the Kentucky legal profession with our constitutional rights. It is not an assault on the legal profession, democracy, or even the Kentucky Bar Association. Rather, the bill is an endorsement of the freedoms and values that have made our country and Commonwealth so great. I urge the General Assembly to enact HB 526 into law, thereby returning the freedom of association to Kentucky attorneys.

Jesse Green is a conservative activist and attorney from Jessamine County. He currently serves as Youth Chair for the Republican Party of Jessamine County. You can find him on X: @JesseGreenKY.

This story was originally published March 16, 2026 at 2:37 PM.