The program provides paid summer internships in various legal settings for first-year law students
In a recent development, the State Bar of Wisconsin and the Wisconsin Institute for Law & Liberty (WILL) have reached a settlement redefining the term "diversity" in the bar's Diversity Clerkship Program, the American Bar Association (ABA) Journal reported.
This settlement resolves a lawsuit filed by WILL on behalf of Wisconsin lawyer Daniel Suhr, which alleged racial discrimination within the program.
The revised definition of diversity now reads: “‘Diversity’ means including people with differing characteristics, beliefs, experiences, interests and viewpoints. Diversity promotes an environment in which all individuals are treated with dignity and respect, regardless of their differences and without regard to stereotypes, and helps to ensure a better understanding and consideration of the needs and viewpoints of others with whom we interact.” This new definition aims to encompass a broader spectrum of diversity beyond the traditional markers such as race, ethnicity, and sexual orientation.
The controversy began when Suhr, supported by WILL, challenged the previous definition which he felt discriminated based on race, particularly given that his mandatory dues were funding the program. The lawsuit cited the Supreme Court's decision in Students for Fair Admissions v. President and Fellows of Harvard College, which struck down race-conscious admissions programs, as a legal precedent.
The clerkship program, which provides paid summer internships at various legal settings for first-year law students from Marquette University Law School and the University of Wisconsin Law School, will continue without changes to its participant criteria. Students eligible for the program must simply be in good standing.
Despite the settlement, Suhr retains the right to challenge the use of his dues for what he considers non-germane activities related to regulating the legal profession or improving legal services.
Both parties have publicly claimed success in the resolution. Skylar Croy, associate counsel for WILL, described the settlement as the start of a movement that provides a "roadmap for future victories in all 50 states," suggesting potential further challenges to similar programs nationwide.
The State Bar of Wisconsin, on the other hand, maintains that the program has always been inclusive and non-discriminatory. The bar emphasized that the settlement reaffirms its commitment to diversity in the legal profession without aligning it solely with any particular demographic or background.
