Should a person be denied a license to practice law on account of peaceful First Amendment activities such as picketing?

The Dean v Byerley case, 354 F.3d 540 (6th Cir. 2004) is an important court decision regarding a Bar applicant's right to criticize licensing officials.  Although on October 22, 2004 a jury verdict resulted in a favorable result for Byerley, this important case demonstrates that State Bar employees can be sued. Click here to read the January 8, 2004 opinion of the Court of Appeals.

What is also interesting about the Dean v Byerley case is that paperwork filed by the State Bar proves that Michigan licensing offocials use protected First Amendment activities against applicants.  The State Bar of Michigan asserted in Mr. Byerley's motion for summary judgment "If Mr. Byerley had told plaintiff that he may not be admitted to the Bar because of his picketing, Mr. Byerley would merely have been pointing out to plaintiff a very real possibility." Click here to see this troubling document. (see pages 7-8) 

Click here to see the Opinion of Federal Judge Gordon Quist

Click here to see Defendant Thomas Byerley's Brief on Appeal, wherein State Bar counsel Victoria Kremski falsely tells the Sixth Circuit Court of Appeals that "[B]yerley is not involved in the admission process..." But see below what happened after StateBarWatch became involved and forced Victoria Kremski to correct her false statements to the Court....

Click here to see Defendant Thomas Byerley's "Correction of a Misstatement in the Record," which was filed in the Sixth Circuit Court of Appeals in response to evidence obtained by StateBarWatch.org (and turned over to Plaintiff E. Stephen Dean). 

Click here to see Victoria Kremski's November 11, 2003 letter to the United States Court of Appeals for the Sixth Circuit, referring to herself as "former counsel" for Defendant Thomas Byerley.  What's going on with Victoria Kremski?  Why did she withdraw from the case?

StateBarWatch.org is watching the State Bar of Michigan.  Click here to see Victoria Kremski's December 19, 2003 filing with the Sixth Circuit Court of Appeals, reiterating that "misstatements" were made, on Byerley's behalf, to 3 federal Sixth Circuit Court of Appeals judges. 

Click here to see Thomas Byerley's Petition For Rehearing and Suggestion For Rehearing En Banc

AUDIO CLIPS SECTION

Click here to listen to E. Stephen Dean's oral argument in the United States Court of Appeals

Click here to listen to SBM Assistant Regulation Counsel Victoria Kremski's oral argument