Appeals court OKs lawyers’ ads

Friday, March 22, 2002 | 9:42 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- The State Bar of Nevada had the authority to spend $200,000 on an advertising campaign to convince the public that lawyers are not cheats and interested only in profits, a federal appeals court has ruled.

The 9th U.S. Circuit Court of Appeals Thursday rejected the appeal of Las Vegas attorney Chuck Gardner, who objected to his bar association dues being used for the purpose.

Gardner said the bar was violating his rights of freedom of speech and association in conducting the public relations campaign. He argued the bar did not have the authority and the campaign was intended only to "enhance the prestige of its incumbent governors."

The appeals court said the bar could not spend money to advocate such things as gun control or a nuclear freeze initiative, because those issues are unrelated to the bar's purpose.

But in this case, the court said, the bar was trying to advance the understanding of the law and the system of justice.

"That purpose is satisfied by the State Bar's campaign to dispel any notion that lawyers are cheats or are merely dedicated to their own self-advancement or profit," the court said. "The law, rightly understood, is not a business where the bottom line dictates the conduct that is permissible."

The opinion, written by Judge John Noonan, said, "It is no infringement of a lawyer's First Amendment freedoms to be forced to contribute to the advancement of public understanding of the law."

To be a practicing lawyer in Nevada, an attorney must belong to the bar and pay dues. The bar association regulates the profession, with the Nevada Supreme Court making final decisions on such things as disciplinary cases and changes in the rules of the bar.